Construction disputes

Construction is one of the most complex fields to master even for those who are experienced.

We can help you to avoid the pitfalls by providing you with sound advice at every step of the project’s development. Our prompt interventions will help you avoid the numerous lawsuits that often arise during construction projects.

We are proud of our varied and growing clientele in this area of our practice. In fact, we represent owners, developers and investors in addition to contractors, suppliers of materials, professionals and surety companies.

How we help you:

Drafting Contracts: Our litigation experience coupled with our policy of keeping abreast of jurisprudence in this area allows us to provide you with sound advice when drafting your construction contracts.

We can assist you in the drafting of various notices necessary for protecting your rights such as contract offence notices to the owner or surety notices.

Our Expertise: Our litigation team has managed and vigorously argued several complex cases before both the arbitration tribunal and judicial and administrative tribunals, such as the Bureau des soumissions déposées du Québec (BSDQ). We have also developed a recognized expertise with regards to tenders, just as we have with contracts granted by public organizations or originating from the private sector.

Statutory Litigation: With an impressive body of legislation relating to the construction industry, we have developed the necessary expertise in cases of criminal and regulatory infractions to better serve our clientele in the construction milieu.

Our Experts: The credibility of experts retained by the parties is often the key  to the speedy resolution of a litigation. Over the years, we have developed a strong relationship based on trust with the most authoritative construction experts; individuals whose expertise has previously been recognized by the tribunals..

Did you know that...

In some cases, it is impossible to publish a legal hypothec on an immovable property held by a legal person established in the public interest.

The legal hypothec in favour of a subcontractor can be cancelled if the latter has not given proper notice to the owner of his contract with the general contractor.

Surety contracts generally stipulate that the beneficiaries only have a short time period to make a claim for payment to the surety company. As a result, speed is of the essence in order to protect your rights.

The contractor, architect, engineer or subcontractor who has, as the case may  be, executed, directed or overseen the work, cannot contractually be exempt from liability for loss, due to a defect in construction, design, or execution of the work, or a soil-related defect, within a five year period following completion of the work.

Did you know that ...

The legal hypothec in favour of a subcontractor can be cancelled if the latter has not made a claim, related to its contract with the general contractor, to the owner in an adequate and timely manner.


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2016 July 11

Non-competition and exclusivity clauses are having a hard time

On January 19, 2016, the Superior Court looked into a litigious situation which emphasises the importance of properly writing non-competition and exclusivity clauses, and the burden it can be to ensure they are respected.

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