Construction
- Overview
- Who To Contact
- Representative Matters
- Recent Developments
Overview
The Aird & Berlis Construction Group represents clients on the full range of construction-related activities, from tendering, bidding, contract creation and defining relationships with consultants, to providing day-to-day legal resources during design and construction, to litigation and alternative dispute resolution. Construction and development agreements are the core of any project. Our focus is on assisting clients in cost and risk management through the negotiation of contractual relationships. Our mandates include construction projects of all manner of industries, including transportation, infrastructure, health, entertainment, manufacturing, residential and commercial real estate, energy, natural resources, education and non-profit housing.
Aird & Berlis has extensive experience with conventional and alternative financing projects, as well as a broad range of experience with engineering, architect, procurement and construction contracts. We frequently advise clients on issues relating to sustainable design and construction, as well as LEED issues. We also have extensive experience advising clients on insurance requirements, surety and bonds.
If issues arise with a construction contract or any other aspect of a project, we act quickly to minimize the loss of time and money. Our extensive experience and reputation in the field facilitate the resolution of issues without sacrificing the ongoing relationships between the parties. Whether related to constructions liens, delays or design issues, we act for our clients in the court system as well as through alternative dispute resolution, such as mediation and commercial arbitration.
We have extensive expertise in construction liens, and served on the Attorney General’s Advisory Committee on the creation of the Construction Act. We ensure that any liens registered on properties and lien actions are handled in a time-efficient, cost-effective manner. We also have experience with adjudications and the prompt payment processes established under the Construction Act.
Our multi-disciplinary team of experts practise in the areas of real estate, litigation, infrastructure, and municipal and land use planning.
Who We Help
Our clients include real estate developers, project owners, construction companies and professionals, such as architects and engineers. We also act for financial services clients with respect to lien and trust issues in the insolvency context; commercial leasing clients with construction and lien issues that may arise with tenant work, landlord work or refinancing; and municipal clients in disputes with contractors and/or consultants for delay claims or breach of contract.
Projects
We have advised on construction issues related to such notable projects as Pearson Airport Terminal 3, the L Tower, 1 King West and Commerce Court West.
Our other representative work includes:
- Advising Concord Adex Investments Ltd. in connection with the consulting, general constructing and construction management agreements related to its condominium projects in Toronto.
- Regularly defending design professionals in response to professional liability claims in respect of various types of construction projects, including hospitals, educational institutions, banks, condominium projects, non-profit housing projects, and other residential and commercial construction projects.
- Representing a large regional Ontario hospital in an arbitration with a general contractor, claiming damages for COVID-related delay.
- Advising a large Ontario municipality with respect to the negotiation of a consulting contract for the construction of new municipal offices.
- Advising Allied Properties REIT in connection with design and construction contracts for several projects in Toronto.
- Advising a global fleet management services company in connection with construction contracts for the expansion of its rail car maintenance facilities in southwestern Ontario.
- Advising a large Ontario developer in connection with the development of standard forms of construction consulting agreements.
- Advising Integrated Grain Processors Inc. regarding an EPC contract for an ethanol production facility.
- Advising a multinational courier service provider with respect to construction contracts for a large distribution centre.
- Regularly advising local distribution companies regarding EPC and installation contracts for renewable energy projects.
Contacts
Group Members
Representative Matters
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Aird & Berlis Successfully Defends Against All Claims in Consolidated Adjudication
Aird & Berlis represented a municipality in having consolidated construction adjudication claims, for additional costs arising from an alleged delay in awarding the contract and soil sampling and test... -
Aird & Berlis Secures Complete Dismissal of $2.1-Million COVID-19 Cost Claim for Municipality
Aird & Berlis was recently successful in defending a $2.1-million claim brought against an Ontario municipality for increased material and labour costs arising in the context of the COVID-19 pandemic.... -
Aird & Berlis Successfully Defends Against All Claims Pursued in Construction Adjudication Process
In March 2024, Aird & Berlis successfully represented a municipality and had two claims, which were brought before an Adjudicator in accordance with the Construction Act, R.S.O., 1990, c. C.30, by a c...
Recent Developments
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Article
Independent Review Spurs Major Changes to Ontario’s Construction Act
This article discusses recent amendments to Ontario's Construction Act, which aim to improve payment processes, adjudication access and administrative efficiency based on recommendations from an indep... -
Firm News
Aird & Berlis Recognized in Inaugural Edition of Best Law Firms in Canada
Aird & Berlis is proud to be recognized in the inaugural edition of the Best Law Firms in Canada with 61 rankings across 41 practice areas. The firm received 18 national rankings and 43 regional ranki... -
A&B In the News
Pavle Levkovic, Kristen Shorer Examine Surety Priority in Construction Adjudications
This article discusses the Ontario Superior Court ruling in Westport Insurance v. BDA Inc., which affirmed the surety's right to a security interest in construction adjudication funds but refrained fr... -
Article
Ontario Seeks Feedback on Pay-on-Demand Surety Bonds to Secure Land Use Planning Obligations
This article provides a brief overview of on-demand surety bonds and why they might be an appropriate choice for some developers, as well as some initial considerations for municipalities, should a de... -
News Item
112 Aird & Berlis Lawyers Recognized in The Best Lawyers in Canada 2025
Aird & Berlis is proud to announce that 112 members of the firm were selected by their peers for inclusion in the 2025 edition of The Best Lawyers in Canada. We are also pleased to share that an addit... -
Article
After Construction Adjudication: Achieving Prompt Payment in High Tech Power Inc. v. BDA Inc.
This article addresses an Ontario court ruling that prompt payment under construction adjudication requires the claimant's actual receipt of funds, not just placing them in a lawyer's trust account. -
Firm News
Aird & Berlis Welcomes New Partner Pavle Levkovic
We are pleased to announce that Pavle Levkovic has joined the firm as a partner and member of our Litigation and Construction Groups. -
Firm News
Aird & Berlis Recognized in Chambers Global Guide 2024
Aird & Berlis has been recognized at the firm and individual levels in the 2024 edition of the Chambers Global Guide. The firm was recognized as a leader in the areas of Tax and Restructuring/Insolven... -
Firm News
Aird & Berlis Welcomes New Partners Yosef Adler, Ryan Ghuman and Queenie Lo
We are pleased to announce that Yosef Adler, Ryan Ghuman and Queenie Lo have joined the firm as partners and members of our Corporate/Commercial Group. -
Article
This Could Be ‘The One’: Considerations for When a Property Developer Faces Insolvency
On October 18, 2023, many were surprised to hear that The One, a monster development at 1 Bloor St. West in Toronto, had been placed into receivership. -
Firm News
91 Aird & Berlis Lawyers Recognized in The Best Lawyers in Canada 2024
Aird & Berlis is proud to announce that 91 members of the firm were selected by their peers for inclusion in the 2024 edition of The Best Lawyers in Canada. The firm is recognized across 44 practice ... -
Article
Arbitration Clauses in Construction Agreements: Mandatory or Permissive?
Arbitration clauses should be reviewed and negotiated by both parties prior to entering a construction contract, as such clauses will impact how disputes arising between the parties may be resolved. -
Firm News
Aird & Berlis Welcomes Nine New Partners
Aird & Berlis is pleased to announce that Meaghan Barrett, Jacob Brown, Holly Cunliffe, Alex Kagan, Amy Marcen-Gaudaur, Dasha Peregoudova, Stefan Radovanovich, Russell Sanders and Leah Silber have bec... -
Firm News
88 Aird & Berlis Lawyers Recognized in The Best Lawyers in Canada 2023
Aird & Berlis is proud to announce that 88 members of the firm were selected by their peers for inclusion in the 2023 edition of The Best Lawyers in Canada. The firm is recognized across 43 practice ... -
Firm News
Aird & Berlis Recognized in 2022 Canadian Legal Lexpert Directory
51 members of Aird & Berlis have been recognized in the 2022 Canadian Legal Lexpert Directory. -
Article
Leave to SCC Denied in Enforcement of Exculpatory Clause Over Cancelled Condominium Development
On January 20, 2022, the Supreme Court of Canada denied leave to appeal from the dismissal of a proposed class action seeking $40 million in damages over a cancelled condominium development.