Toronto Construction Litigation Lawyers

Construction Dispute & Litigation Lawyers
Project Litigation Lawyers | Toronto Project Finance Litigation Lawyers
Construction Finance Litigation | Condominium Development and Construction
Bidding, Tendering and Procurement

Construction is complex, and often involves many different stakeholders engaged in many different aspects of any project. When these interests conflict, litigation or arbitration may be necessary to resolve disputes and ensure continuation and completion of the project.

Stakeholders in Construction Projects

The lawyers at Gilbertson Davis can provide cost-effective representation and advice to those involved in construction disputes, including:

  • Bidders
  • Condominium Boards
  • Contractors
  • Developers
  • Designers, Architects, and Engineers
  • Equity Investors and Equity Lenders
  • Investors, Lenders, and Bondholders
  • Insureds, Insurance Brokers and Insurers / Underwriters
  • Lenders and Borrowers
  • Managers and Employees
  • Mortgage Brokers
  • Mortgagees and Mortgagors
  • Purchasers, Tenants, and Interim Occupants
  • Private and Institutional Lenders
  • Subcontractors
  • Syndicated Lenders

Common Construction Disputes

Construction disputes can arise in a number of contexts, including:

  • Bidding, Tendering and Procurement
  • Broker Commission Disputes
  • Condo Construction Disputes
  • Contractual, partnership, and joint venture disputes between stakeholders
  • Construction Lien and Trust claims
  • Construction Loan Litigation
  • Construction Fraud – Schemes, False Invoices, Inflated Invoices or Fictitious Supplies
  • Disputes relating to procurement, bidding, and tenders
  • Disputes with purchasers and pre-construction purchasers regarding delays or changes to the project, including claims for extras and variations
  • Employment and contractor disputes, including construction lien claims and project management disputes
  • Environmental compliance
  • Financing disputes with lenders, both institutional and private
  • Lending and Borrowing Litigation
  • Project Finance Litigation
  • Project Litigation – Project Development Disputes and Project Finance Disputes
  • Regulatory and municipal law compliance
  • Termination, Cancellation, Force Majeure Suspension of Contracts

It is important that you obtain legal representation that can effectively represent and advise you in any area of law that may arise as a project is constructed.

Partnership and Joint Venture Disputes

Many construction projects involve collaboration between multiple entities to ensure a project is completed. These collaborations will often take the form of a partnership or joint venture.

Joint ventures are often established to synergize what each member of the joint venture can add to the project. While invariably created by contractual agreement, some joint ventures have been held by the courts to be a partnership, while others have been determined to be merely contractual, without comprising a partnership.

Issues have also arisen concerning the management and operational structure of a joint venture and whether such structure necessarily results in the joint venture being found to comprise a partnership.

It is important to receive prompt and effective legal advice to determine the roles of each stakeholder in the project, and what rights and obligations are associated with those roles.

Bidding and Tender Disputes

The tendering process is a legally distinct process that goes beyond general contractual negotiations, and creates a number of rights and obligations for owners and bidders, respectively, including express contractual duties as well as implied duties of fairness.

Unsuccessful bidders may seek to claim that their contractual or common law rights were breached by the owner in an attempt to secure the contract. Both bidders and owners require legal representation and advice to properly assert or defend against such claims.

Construction Fraud

Construction fraud may occur at any stage of a construction project and is often perpetrated through a variety of differing schemes.  When fraud is suspected it is important to retain experienced legal counsel promptly to minimize further damage and to seek to preserve your rights.

In some instances, the needs of the project require prompt and immediate legal attention, and any unforeseen delays can potentially permanently disrupt the project. In these cases, parties may be able to seek urgent injunctive relief to preserve their interests and avoid irreparable harm. These remedies may include seeking to:

  • Freeze and recover assets obtained by construction fraud
  • Enforce and cancel construction liens and other charges
  • Specific performance by contractors or subcontractors

Experienced Litigation Lawyer

At Gilbertson Davis LLP, our team of lawyers have experience in dealing with construction claims and other contractual, corporate and partnership disputes before the courts or arbitrators.

We are able to provide prompt, cost-efficient and effective legal advice and legal representation on all aspects of the litigation process, including seeking urgent and without notice relief to preserve the status quo and to preserve rights and remedies pending a final resolution.

If you are involved in a construction dispute, please contact us for an initial consultation.

Our Lawyers


John L. Davis

Managing Partner
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David Alderson

Counsel – Commercial Litigation
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Robert Kalanda

Associate
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R. Lee Akazaki

Partner
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Andrew Ottaway

Associate
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Bianca Thomas

Associate
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