Construction

Depend on us to provide practical and effective legal advice to ensure the success of your construction project. Our clients' projects are technical and complex. We can help you minimize risk and provide solutions to any challenges that may arise.

Our clients are as diverse as their projects. Whether you are an owner, contractor, subcontractor, engineer, architect or supplier, we have the knowledge and skill to handle your construction project, no matter the size, industry or complexity.

We have experience with all types of construction projects. These include mega-energy projects, gas and power plants, pipelines, water and environmental engineering projects, P3 projects, and commercial and institutional buildings.

What we do

When you partner with BD&P, you get a firm with know-how at all stages of a construction project. This involves:

Financing
Business structures
Commercial agreements
Design and construction
Regulatory and environmental
Labour and employment
Occupational, health and safety
Tax

If things don't go as planned, our construction litigation team can guide you through any kind of construction dispute—whether it be litigation, arbitration or mediation.

We help with

Joint venture, confidentiality, consulting, engineering services, and architectural services agreements
Construction, construction management, sub-contract, supply and mining services agreements
Engineering, Procurement and Construction (EPC) and design / build contracts
Engineering, Procurement and Construction Management (EPCM) contracts
Public-private partnerships
Project and contract structuring
Risk identification, analysis and mitigation
Regulatory and municipal planning approvals
Preparation of construction security documentation
Preparing for and prosecuting dispute resolution processes

Did you know?

We have advised some of Canada's biggest construction players, including Graham Construction & Engineering LP, Chandos Construction Ltd. and MasTec Canada Inc.

Practice areas

Representative work

Graham Construction and Engineering LP v. City of Toronto

The City of Toronto contracted with Graham Construction and Engineering LP for the construction of the Ashbridges Waste Water Treatment Plant. During the course of construction, the parties discovered numerous changes to the site condition which resulted in significant changes to the scope of work, including with respect to delays to perform the scope of work.

Graham Group’s acquisition of AECOM’s energy operations and maintenance business

Counsel to the Graham Group of Companies in the acquisition of the North American assets of AECOM’s Energy Operations and Maintenance Division. The acquisition positions the Graham Group as the third largest construction company in Canada and Western Canada’s largest industrial services company.

Successful application to discharge a caveat and Certificate of Lis Pendens

Counsel to a real estate developer in a successful application to discharge a caveat and Certificate of Lis Pendens from title to its lands, which were holding up a construction project.(1704455 Alberta Ltd v. Sage Property Development Inc., 2020 ABQB 776).

Successfully represented a global manufacturing company in a multi-party litigation

Counsel successfully representing the plaintiffs, a global manufacturing company, in multi-party litigation involving the breach of a distribution agreement and product quality issues. The plaintiffs were awarded both punitive damages and solicitor client costs against the defendants. (Manson Insulation Products Ltd. v Crossroads C&I Distributors, 2019 ABQB 684).

Successfully defended client in a contract dispute

Co-counsel on the successful defence of a claim for fees in excess of what was agreed to in a fixed-fee contract. (Riddell Kurczaba Architecture Engineering Interior Design Ltd. v Governors of the University of Calgary, 2018 ABQB 011).

Represented a roofing company seeking $6.5M from fire damages

Lead counsel to a roofing company defending a $6.5M claim for alleged damages resulting from a fire that occurred while a commercial building in downtown Calgary was under construction. We successfully opposed an application brought by an insurance company to have two Actions related to the losses tried at the same time and to have the implied undertaking lifted. (Center Street Limited Partnership v Lloyd’s Underwriters, 2017 ABQB 295).

Successful defense of allegations of land titles fraud

Counsel to a Calgary real estate corporation in the successful defense of allegations of land titles fraud and a demand for specific performance by the Strategic Group and Riaz Mamdani. (Strategic Acquisition Corp. v. Multus Investment Corp., 2016 ABQB 681 and Strategic Acquisition Corp. v. Multus Investment Corp., 2017 ABCA 250).

$215 million UNCITRAL arbitration

Lead counsel to an Alberta fabrication company in a $215M UNCITRAL Arbitration involving the construction of a gas processing plant. The matters in dispute included allegations of gross negligence, allegations of improper fabrication according to regulatory standards, and delay claims of approximately $200M.

Sale of Pacer Construction Holdings Corporation

Counsel to Pacer Construction Holdings Corporation and its affiliated operating companies, a leading contractor in Western Canada, in connection with its US$213 million sale to MasTec, Inc.

Real estate developer's successful interim attachment order

Counsel to a real estate developer in actions against a group of U.K. purchasers who had defaulted under agreements to buy condominium units. The matter went to trial and included a successful interim attachment order preventing the defendants from transferring or disposing of their Alberta assets prior to trial. (Qualex-Landmark Investments Inc. v. Soroya 2011 ABQB 354 and Qualex-Landmark Investments Inc. v. Soroya 2009 ABQB 689).

Divestiture of interests in land development entities

Counsel to a Calgary based construction company in connection with its divestiture of its interest in a residential land development group of entities.

Sale of shares in an engineering and consulting business

Counsel to the founding shareholders of a privately held Calgary based engineering and consulting services corporation in connection with the divestiture of all of their shares to a national project management and engineering services company.

Reorganizing VolkerWessels Canada Ltd.'s Canadian operations

Counsel to VolkerWessels Canada Ltd. in connection with a reorganization of its Canadian operations.

Dispute over construction project delay

Counsel to a multinational company in a dispute concerning construction of a pipeline, including with respect to unpaid change requests and delays.

Arbitration advice to a construction company

Counsel to a multinational construction company in an arbitration concerning the proper design of and construction of two electrical transmission stations.

Review of a decision relating to the "build-up" principle in the Saskatchewan construction industry

Counsel in a Saskatchewan Court of Queen's Bench Judicial Review of a Saskatchewan Labour Board decision relating to certification and the "build-up" principle in the Saskatchewan construction industry.

Canadian construction company's $425 million syndicated credit facilities

Counsel to a Canadian construction company in connection with its senior secured syndicated credit facilities in an aggregate principal amount of up to $425 million.