|
Whitelaw Twining has a group of construction lawyers who are knowledgeable
and experienced in advising all parties involved in the construction process.
Members of the construction law group have extensive experience in the
following areas:
The traditional manner of resolving construction disputes has not been
particularly successful. Clients are burdened by the cost associated with
extensive document production and pre-trial procedures. The lawyers in our
construction law group have been involved in large and complex construction
disputes and recognize the need to resolve problems quickly before costs
escalate. To that end, we emphasize the use of alternate dispute resolution
methods including mediation and arbitration.
Our construction litigation lawyers also have extensive experience advising
on the obligations that arise out of performance and labour and material
payment bonds. In addition, they have particular knowledge of the legal
issues arising out of construction related insurance coverages including
wrap-up liability, course of construction and builder's risk policies.
Surety
Surety bonds present their own unique set of problems which require
particular care and attention. Early action in a potential default is
critical to ensure that a surety's obligations are minimized and its rights
of indemnification are preserved. Whitelaw Twining's construction lawyers
routinely advise sureties on legal issues relating to tender, performance
and labour and material payment bonds.
Whitelaw Twining is an associate member of the Surety Association of Canada
and is active in British Columbia in assisting local sureties, owners,
brokers and contractors with bonding issues.
Construction Insurance
Our construction lawyers provide innovative and cost effective
representation to insurers on a broad range of claims. Members of this team
have recently been involved extensively in defending insureds and advising
insurers on coverage issues relating to the proliferation of building
envelope failures in British Columbia.
Professional Negligence - Architects and Engineers
Our architects and engineers defence group presently defends these
professionals in a variety of claims arising out of design obligations. Many
of these claims currently relate to building envelope failures but
historically have spanned all areas of the engineering disciplines and
architectural practice.
Successful representation of architects and engineers requires defence
counsel to be particularly sensitive to the insured's professional interests.
Our lawyers are trained to properly balance the relationships between the
professional and the insurer.
We are also experienced in defending architects and engineers in
disciplinary proceedings brought by their governing associations.
Construction Disputes
Members of the construction law group represent owners and contractors in
claims for delays, extra work and tender disputes. Claims for delay and
extra work require the advice of appropriate experts. We have good working
relationships with experts who can assist.
We are closely following recent developments in the law relating to tender
and can assist clients with any problems that may arise.
Recent work relating to cost overruns and extras has included the Vancouver
Island Gas Pipeline and transfer ramp facilities at the Schwartz Bay ferry
terminal.
Construction disputes can be expensive. We are experienced in finding
practical and early opportunities to achieve resolution economically.
Construction Agreements
Our construction law practice group has extensive experience in the
preparation of construction and engineering services agreements. Recently,
we prepared an agreement for the construction of all of the roadwork through
the Nisga'a lands in Northern British Columbia using a new form of contract
known as an "Alliance" model where all participants in the construction
process including the owner, engineers and contractor commit to work in a
dispute free environment.
Our lawyers also have experience in the preparation of standard forms of
tender and construction documents designed to minimize disputes which
typically arise out of construction projects.
[ back to top ]
|
