Our construction law group is unique in terms of its size and its focus on the development of major industrial, commercial and infrastructure projects across Western Canada.

Our construction lawyers assist clients in all facets of construction projects from inception to completion, including procurement and project delivery strategies, risk management and allocation, the preparation of project documents, and the handling of all types of dispute resolution, including litigation, mediation, arbitration and negotiated settlements.

Construction Litigation & Arbitration

We have acted on a wide range of construction disputes, ranging from mega-project arbitrations and trials to the resolution of urgent lien, supply chain and regulatory issues. We are nimble and particularly adept at assembling the proper team and implementing specific strategies for each matter. Our experience includes:

• Disputes involving delay, productivity and cost overrun claims
• Faulty design and workmanship claims, including product liability
• Contractual interpretation disputes
• Surety and fidelity claims
• Building envelope claims
• Occupational health & safety issues

Rose LLP lawyers have been retained to act as counsel, mediators and arbitrators in numerous large-scale construction disputes. Our construction law team is regularly recognized by Best Lawyers in Canada and the Canadian Legal Lexpert Directory as leading or preeminent practitioners in the field of construction law. Two of our construction lawyers are members of the Canadian College of Construction Lawyers, an organization "dedicated to excellence in the specialized practice of construction law".

Construction Contract Drafting & Project Counsel

We have assumed key advisory and drafting roles on complex multi-billion dollar energy, petrochemical, renewables and infrastructure projects, as well as significant commercial and residential developments. As project counsel, we craft and negotiate bespoke engineering, procurement, construction and construction management contracts. We also provide overarching strategic advice throughout design and construction execution and after startup to help guide these mega-projects to successful completion and operation, including with respect to:

• Project strategy, including risk analysis for project delivery methods
• Project delivery documents and contracts
• Procurement and supply chain matters, including RFP and tender processes
• Ancillary agreements required for successful project support, such as materials and equipment purchase orders, field services agreements, and maintenance and turnaround contracts

We bring an in-depth understanding of the legal and commercial risks associated with these projects, as well as the practical experience to approach challenges in an effective manner that recognizes and respects business realities. We develop and implement solutions to effectively allocate risks in a thoughtful, practical and effective manner to help ensure project success.

Our expertise in contract drafting and negotiation extends well beyond the traditional engineering, procurement and construction contract. We provide counsel on all aspects of construction law, including change and force majeure issues, construction lien and bond claims, tendering disputes, and contractual indemnities. Our lawyers have a thorough understanding of the intricate nuances of the industry, and carefully draft contracts to protect our clients against liability and exposure to risk.

We are proud that our firm has become a trusted advisor to project owners and the construction industry in Canada. We are well-positioned to help clients navigate the legal terrain while maintaining a business focus and successfully delivering the project. Our lawyers have an extensive track record of drafting and negotiating construction contracts that protect our clients’ interests. We also have a deep understanding of the challenges that can arise over the life of a project, which allows us to pre-emptively tailor our agreements to address them, ensuring that clients are prepared for any issue that might arise.

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