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Construction Litigation

Our litigation lawyers have a thorough knowledge of Canadian construction practices and processes. Many of our lawyers have engineering and mining experience, which gives them an understanding and ability that goes beyond the law.
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Disputes can have detrimental impacts on a project and ultimately, your business. Successfully managing, mitigating and resolving construction disputes requires a high degree of legal specialization. Our Construction Litigation group understands how important timely, effective resolution is for disputes that occur on projects.

When disputes arise on projects, our lawyers work proactively with project teams, management, experts and insurers to resolve them in a strategic and cost effective manner, whether through referee processes, negotiation, or mediation. In cases where disputes can only be resolved through arbitration or litigation, our group has the depth, knowledge and experience to vigorously represent your interests in any kind of construction dispute. Our team has extensive hands-on experience in all types of construction claims.

We represent owners, contractors, design professionals and insurers in a broad range of construction related disputes. Clients rely on us to provide leading legal expertise to advance their interests on some of the most complex construction projects in Canada and throughout the world.

Members of our Construction Law Team have been certified by the Law Society of Upper Canada as Construction Law Specialists.


Benchmark Litigation Publication name with laurels Benchmark Litigation Canada Named in Benchmark Litigation Canada 2019 Benchmark Canada recognizes our Litigators in its 2019 guide.
Best Lawyers Publication name with laurels The Best Lawyers in Canada Best Lawyers in Canada recognizes Fasken expertise in Construction Law Best Lawyers in Canada (2019) recognizes Fasken’s expertise in Construction Law and names four of our construction lawyers, including one as a lawyer of the year.


Client Work

  • WSP Global completes a $920 million equity offering,
  • Mount Polley Mining Corporation and Imperial Metals entirely successful in defending claims made against them and in their counterclaims brought against a contractor,
  • Site C Litigation,
  • Blockades on Canadian Pacific Railway Company’s Railways Across Canada, Ongoing since July 2021
  • Defense of a $14M USD claim brought against a major contractor by a material supplier,
  • Settlement of a claim for reimbursement of instalments paid for the purchase of a penthouse-style unit,
  • Representation of Reliance Construction of Canada Ltd. in a claim for damages following the termination of a construction contract, Ongoing since April 2020
  • Representation of a landlord against unpaid contractor claims resulting from work requested by a tenant, Ongoing since February 2020
  • Change order dispute with respect to the Seymour-Capilano twin tunnel project,


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