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Construction Law

Printable Summary

Risk management is a critical requirement throughout the life of a construction project. Every participant in the construction pyramid must assess their risks, reduce them where possible, and act promptly to enforce or defend their interests if disputes occur. They need a law firm that can work with them through the entire process from start to finish, not just when things have gone wrong.

While most construction lawyers tend to concentrate on either front-end commercial matters or litigation, the Construction Law Group at Torkin Manes represents clients throughout the lifecycle of a construction project. We provide skilled negotiation of finances and risk allocation, contract and other document drafting, negotiation, mediation or arbitration where possible if disputes arise, and swift, effective litigation when nothing else will protect our client’s interests.

We regularly act for the full spectrum of construction industry participants, including public and private sector owners, general contractors, construction managers, design/builders, counties, municipal corporations, municipalities, sureties, transportation authorities, subcontractors, suppliers, financial institutions, architects, engineers, and other design professionals. We also regularly act for public sector owners of healthcare facilities, community housing developments, universities, colleges, churches, and community groups.

On the commercial side, our Group’s expertise includes national and Ontario-specific standard form and single-use RFP and bid package and contract drafting for various project delivery methods. These include stipulated price, cost plus, construction management, facilities management, design-build, bid compliance analysis and fairness analysis, project delivery method consultation and contract negotiation. We are experienced in drafting standard form Canadian Construction Documents Committee (CCDC) design-build stipulated price and consultant contracts currently in use across Canada.

We have specialized expertise in the appropriate use of, and making claims against, various forms of contract security, including letters of credit and surety bonds, such as Bid Bonds, Performance Bonds, Labour and Material Payment Bonds, Financial Security Bonds and Holdback Release Bonds.

We regularly advise on all types of financing arrangements, including structuring of loan transactions, loan and security requirements, inter-creditor arrangements, priority issues, regulatory compliance, environmental concerns, and the preparation of loan agreements, commitment letters and requisite security documentation.

Our construction litigation experience includes pursuing and defending all types of construction claims and defences, including breach of contract, claims for lien, delay claims, breach of trust claims, performance and labour and material payment bond claims, negotiating and settling disputes through ADR and arbitration, and appearing at trial and appellant levels of court.

Three of the lawyers in our Group have been certified by The Law Society of Upper Canada as Specialists in Construction Law and our senior lawyers are ranked in Lexpert and Martindale Hubbell for their expertise in Construction Law. When needed, we can call on other specialty areas of the firm, including Corporate Finance, Employment & Labour and Commercial Real Estate, to provide seamless legal service for our clients.

Publications & Presentations

Torkin Manes LegalPoint

What You Need to Know about the New Construction Act

Torkin Manes LegalPoint The first wave of changes to the Construction Lien Act – now called the Construction Act – have now come into effect. Here is what you nee...
Aug 17, 2018

Construction Law and the Engineer

Professional Engineers Ontario - East Toronto Chapter
Dec 15, 2016

Tarion 101: The Basics, and Beyond

Moderator, The Advocates' Society
Feb 25, 2016

News & Media

Firm News

Torkin Manes shortlisted by Chambers Canada for the 2019 Regional Law Firm of the Year Award

Chambers Canada Torkin Manes is honoured to be shortlisted by Chambers & Partners in the category of Regional Law Firm of the Year for the 2019 Chambers Canada Aw...
Sep 18, 2019

Torkin Manes named Regional Law Firm of the Year at the 2019 Chambers Canada Awards

Chambers and Partners Torkin Manes is proud to announce that our firm has been recognized as the Regional Law Firm of the Year by Chambers and Partners at the 201...
Sep 17, 2019
Firm News

Torkin Manes lawyers featured in The Best Lawyers in Canada© 2020

The Best Lawyers in Canada We are pleased to announce that 24 of our partners have recently been recognized as leaders in their respective fields in the latest edition of T...
Aug 21, 2019
In the News

Kayla Kwinter elected to the Ontario Bar Association Construction and Infrastructure Law Executive

Torkin Manes lawyer Kayla Kwinter has been elected to the Ontario Bar Association (OBA) Construction and Infrastructure Law Executive for the 2019-202...
Jul 3, 2019