Torys’ Construction Practice Group comprises a multidisciplinary team of litigators and corporate/commercial lawyers. Our lawyers have a depth of experience representing clients in public and private construction projects in the real estate, infrastructure and energy sectors.
We are experienced in all aspects of the construction process, from the preparation and negotiation of construction contracts to litigation and dispute resolution, including mediation and arbitration. Our construction industry clients include public and private owners, developers, contractors, design professionals, sureties, equipment manufacturers, lenders, regulators and insurers.
Our corporate/commercial lawyers are involved in all aspects of construction projects including
- real estate, infrastructure and energy projects, including joint ventures and consortia
- public-private partnerships
- contract negotiations with contractors, subcontractors, managers, architects and engineers using both construction industry standard documentation and customized construction and project management documentation
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- RFQ, RFP and tender processes
- risk identification, allocation, elimination and mitigation
- bonds, guarantees and other performance security
- construction and project finance
- monoline wrap insurance
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Litigation
Our construction litigation experience includes trials, arbitrations, appeals and mediations of complex matters covering the gamut of traditional construction claims, such as
- delays
- extra work
- changed conditions
- defective work
- construction and mechanics’ liens
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- claims based on inadequate design and specifications
- surety bond claims
- claims based on fraud and negligent misrepresentation
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We have been involved in several failed-project cases that have included mortgage foreclosure and lender liability claims. We also have extensive experience in litigation involving contaminated properties, regulated substances and allegedly defective materials.