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Construction Law


Fasken is involved in major projects around the world. Our strategy is straightforward – we unite specialists in specific industry sectors to provide cost-effective and practical advice on any construction-related matter.
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Overview

The practice of construction law encompasses procurement, contracts of all types, project delivery and dispute resolution.

We share your goal of creating workable, enforceable contracts. We’ll identify and mitigate risks through effective document language, combining elements of contract and pricing models to create innovative solutions.

Fasken litigators represent clients at all levels of court and at arbitration and mediation. Construction disputes often involve multiple parties, long trials or arbitrations, volumes of documentation and dissection of complex technical processes. We’ll keep your objectives in mind, implementing efficient processes and open communication throughout the length of a matter.

We act for owners, developers, architects, engineers, contractors, subcontractors and suppliers on work ranging from routine projects, material and equipment supply contracts to major infrastructure developments and public-private partnerships.

Your team at Fasken includes leaders who are committed to educating other lawyers, clients and industry associations about practical ways to improve projects. Several of our partners are Fellows of the Canadian College of Construction Law and many of us have been designated Certified Specialists in Construction Law by the Law Society of Upper Canada.

Subscribe to our “Construction Law Bulletin”, browse our recent work or contact any of our lawyers to learn more.

Structure contracts and resolve disputes with over a century of industry expertise on your side.

Achievements

  • Ranked nationwide in Construction, Chambers Canada 2026
  • Recognized nationwide in Construction Law, The Globe and Mail 2022 to 2026
  • Recognized in Construction Law in South Africa, Best Lawyers 2023 to 2026
  • Ranked nationwide in South Africa in Construction law, Chambers Global 2018 to 2026
  • Recognized in Construction Law, Legal 500 2024 to 2026
  • Recognized in the Canadian Legal Lexpert Directory in Construction law, Canadian Legal Lexpert Directory 2020 to 2026
  • Recognized in Construction Law in Canada, The Best Lawyers in Canada 2018 to 2024
  • Ranked in Construction in South Africa, The Legal 500 Europe Middle East and Africa 2021 to 2024

Team

Primary Contacts
  • Eric Simard, Partner | CO-LEADER, LITIGATION AND DISPUTE RESOLUTION, Montréal, QC, +1 514 397 5147, [email protected]
  • Alex Kotkas, Partner | Managing Partner, Alberta Region, Calgary, AB | Tsuut'ina, AB, +1 403 261 5358, [email protected]
  • Tania Siciliano, Partner | Litigation and Dispute Resolution, Johannesburg, +27 11 586 6028, [email protected]
  • David Curtis, Partner | Construction Litigation, Vancouver, BC, +1 604 631 4827, [email protected]
  • Edward W. Lynde, FCIArb, Q.Arb, Partner | Construction Litigation, Toronto, ON, +1 416 865 4435, [email protected]
  • Robert Iaccino, Partner | Real Estate Law, Toronto, ON, +1 416 868 3445, [email protected]
Eric Simard, Partner | CO-LEADER, LITIGATION AND DISPUTE RESOLUTION Eric Simard Partner | CO-LEADER, LITIGATION AND DISPUTE RESOLUTION Montréal, QC +1 514 397 5147
Alex Kotkas, Partner | Managing Partner, Alberta Region Alex Kotkas Partner | Managing Partner, Alberta Region Calgary, AB Tsuut'ina, AB +1 403 261 5358
Tania Siciliano, Partner | Litigation and Dispute Resolution Tania Siciliano Partner | Litigation and Dispute Resolution Johannesburg +27 11 586 6028
David Curtis, Partner | Construction Litigation David Curtis Partner | Construction Litigation Vancouver, BC +1 604 631 4827
Edward Lynde Toronto Lawyer Edward W. Lynde, FCIArb, Q.Arb Partner | Construction Litigation Toronto, ON +1 416 865 4435
Robert Iaccino Toronto Lawyer Robert Iaccino Partner | Real Estate Law Toronto, ON +1 416 868 3445

Experience

  • POL R Enterprises acquires Belform Insulation, [Deal - Enterprises POL R inc.], Acquisition of Belform Insulation LTD by POL R Entreprises Inc.
  • La Caisse and Investissement Québec make strategic investment in Honco Group to support the growth of Québec-based steel processor, [Deal - Caisse de dépôt et placement du Québec and Investissement Québec], La Caisse and Investissement Québec make strategic investment in Honco Group.
  • United Rentals of Canada, Inc. completes the acquisition of Direct Equipment, [Deal - United Rentals, Inc.], North American equipment rental company completes acquisition of Canadian distributor
  • Komline acquires BI Pure Water (Canada) Inc., [Deal - Komline-Sanderson Group, Inc.], Acquisition in the wastewater and water treatment plant industry
  • Tricor invests in Big Country Equipment Repair, [Deal - Big Country Equipment Repair Ltd], Trusted name in heavy equipment service across Canada brings on Tricor Pacific Capital as a strategic partner.
  • North American Construction Group Ltd. announces closing of private placement offering of additional $125 million senior unsecured notes, [Deal - North American Construction Group Ltd.], Private placement offering of senior unsecured notes by a premier provider of heavy civil construction and mining services in Australia, Canada, and the U.S.
  • Champlain Financial Corporation acquires Ventilation Jean Roy, [Deal - Champlain Financial Corporation], Acquisition of Ventilation Jean Roy and 9227-3986 Québec inc. to be completed by Champlain Financial Corporation Inc.
  • Nitrex Metal Inc. completes the sale of its NTS and UPC divisions to Aichelin Group, [Deal - Nitrex Metal Inc.], Sale of NTS and UPC divisions of Nitrex Metal Inc. to Aichelin Group
  • Los Angeles Convention Center Expansion and Modernization Project, with a consortium led by Plenary Americas reaches commercial close, [Deal - Plenary Americas], Public infrastructure developer reaches financial close on convention center project.

Knowledge

  • Dispute Resolution Clauses - 2 Minute Drafting Tips: Bulletin #9: Attorning to Court Jurisdiction Doesn’t Mix Well with an Arbitration Clause, 4/9/2026
  • Commentary on the Decision in Jean c. Municipalité de Saint-Stanislas-de-Kostka: Superior Court Condemns Municipal Bad Faith and Upholds Landowners’ Legitimate Expectations, 3/19/2026
  • Dispute Resolution Clauses - 2 Minute Drafting Tips: Bulletin #8 - The “Governing Law” of a Contract is Distinct from the Procedural Law of an Arbitration, 3/4/2026
  • Dispute Resolution Clauses - 2 Minute Drafting Tips: Bulletin #7 - The Pros and Cons of Multi-Tiered/Escalating Dispute Resolution Clauses, 1/22/2026
  • Ontario’s Amendments to the Construction Act Take Effect January 1, 2026, 12/18/2025
  • Dispute Resolution Clauses - 2 Minute Drafting Tips: Bulletin #6 - When Should Your Contract Contemplate Expedited Arbitration Procedures, 11/5/2025
  • Proposed Regulations to the Ontario Construction Act: What You Need to Know, 9/15/2025
  • Dispute Resolution Clauses - 2 Minute Drafting Tips: Bulletin #5 - The Importance of Considering Emergency Measures in Dispute Resolution Clauses, 8/5/2025
  • Dispute Resolution Clauses - 2 Minute Drafting Tips: Bulletin #3 - Mandating Arbitration and Clarity of Scope, 4/2/2025
  • Dispute Resolution Clauses - 2 Minute Drafting Tips: Bulletin #2 - Addressing Panel Size and Arbitrator Qualifications, 2/12/2025

Events

  • Fasken’s Construction and Infrastructure Conference, 11/19/2025
  • Conference on Construction and Infrastructure Law, 11/13/2024
  • Construction Law Q&A Webinar, 6/19/2024
  • Latest Developments in Municipal and Administrative Law, 5/22/2024
  • Review of Important Decisions in 2023, 1/10/2024
  • 2023 Conference on Construction Law, 11/29/2023
  • Reform of the act respecting land use planning and development and new authorities, 6/7/2023
  • Amendments to the Competition Act: What are the implications for employers?, 5/17/2023
  • Litigation in the Age of the Court of Public Opinion, 5/10/2023
  • Lunch conference “Own tomorrow”, 5/4/2023

News

  • Julie Banville Joins Fasken as Partner in the Litigation and Dispute Resolution Group, 12/12/2024
  • Fasken Recognized in The Legal 500 EMEA across Nine Practice Areas, 5/11/2022
  • Fasken Recognized on The Globe and Mail’s List of Canada’s Best Law Firms 2022, 11/16/2021
  • Fasken Recognized in The Legal 500 EMEA across Nine Practice Areas, 4/22/2021
  • The 2021 Canadian Legal Lexpert Directory Recognizes 235 Fasken Lawyers, 4/22/2021
  • 61 Fasken Lawyers in 23 Practice Areas Recognized in the 2020 Chambers Global Guide, 2/14/2020
  • Fasken Receives High Recognition in the 2019 Canadian Legal Lexpert Directory, 4/22/2019
  • Fasken’s Litigators Listed in Benchmark Litigation Canada 2019 Guide, 3/29/2019
  • Gordie Howe International Bridge Project Awarded Lexpert®’s Canadian Deal of the Year 2018, 2/15/2019
  • 55 Fasken Lawyers in 26 Practice Areas Firm-wide Recognized in the 2019 Chambers Global Guide, 2/14/2019

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