Construction Litigation

BD&P's Construction Litigation Team assists clients in all aspects of industrial, commercial and institutional construction project disputes, including those arising in design-build, EPC and P3/AFP projects. We represent owners, contractors, sub contractors, construction managers, design-builders, design professionals, engineering firms and developers in all phases of public and private construction projects —from the planning, developing and bidding phase to project completion/commissioning. Our Team also assists with other construction-related matters, including labour and employment, occupational health and safety, and immigration matters.

Our clients are as diverse as their projects, and they operate in a variety of industries, such as the petrochemical, oil & gas, mining, power, and cogeneration industries. Our clients' projects range from mega-energy projects (oil sands to offshore), to gas and power plants, to pipelines and gathering systems, to dams and mines, to water and environmental engineering projects, to P3 projects, to commercial and institutional buildings.

Construction litigation can be challenging and complicated. Disputes often involve complex, multifaceted issues with multiple parties. Our highly skilled and experienced Team is adept at effectively and efficiently handling matters of varying size and complexity, maintaining a focused, results-oriented approach.

BD&P's Construction Litigators have appeared before all levels of courts in Alberta as well as regulatory and administrative boards. Not only are our litigators experienced in the courtroom, they are seasoned in alternative dispute resolution practices, regularly appearing as counsel or as mediator/arbitrator in construction-related disputes.

Our Team benefits from the counsel of Donald J. Chernichen, Q.C., a fellow of the Canadian College of Construction Lawyers, who was an advocate and adviser on a broad range of commercial and industrial construction projects for over 35 years.

Significant Areas of Service

  • Bid disputes
  • Procurement and supply chain matters, including RFP and tender disputes
  • Change order, extra work, and cost overrun claims
  • Delay, suspension, disruption and acceleration claims
  • Productivity and impact claims
  • Design defects and faulty workmanship claims
  • Manufacturer/product liability claims
  • Construction fraud
  • Lien and bond claims
  • Recent Representative Work

    • Represented a fabrication company in a multi-million dollar dispute involving the construction of a gas processing plant
    • Represented the owners in relation to an explosion and fire which occurred during the construction of facilities at a mine site
    • Represented owners in a multimillion dollar fraudulent invoicing and kickback scheme
    • Represented a large natural resource company in a multi-million dollar dispute involving the design and engineering of a structural slab for a water and waste treatment plant
    • Represented large oil and gas companies in relation to well blow-outs, including one of the largest blow-outs in Alberta's history
    • Represented large general contractors and owners in disputes concerning structural failures, leaky condo and unsafe construction claims