Construction Law

Our Construction Law team provides a full range of legal services to clients across the construction industry, including institutional and commercial owners, developers, contractors, subcontractors, suppliers, and consultants. Whether you are embarking on a new project, negotiating terms with partners, suppliers and lenders, or require assistance with an escalating dispute or litigation, our experienced lawyers are here to help you navigate the complexities of construction projects from start to finish.

Planning Your Next Project

Our team rolls up their sleeves and works directly with construction business owners to provide strategic advice and legal solutions tailored to the unique challenges of the sector. From drafting, reviewing, and negotiating construction contracts, subcontracts, and procurement documents to advising on course of construction legal issues and risk management, we ensure that your construction project is set up for success.

Specific construction and development services available include:

  • Preparing and advising on RFPs, tenders, and procurement issues
  • Drafting and negotiating construction contracts
  • Providing course of construction legal advice
  • Advising on OHSA and WSIB issues

Our proactive approach helps mitigate risks, protect interests, and keep projects moving forward efficiently and successfully.

Construction Dispute Resolution

Disputes can arise at any stage of a construction project. Our Construction Law litigators advise clients embroiled in complex construction-related disputes, including issues related to:

  • Claims arising on public-private partnerships (P3) and mega-infrastructure projects
  • Liens & breach of trust claims
  • Delay, productivity & escalation claims
  • Performance bonds and labour & material payment bonds
  • Professional negligence, including engineering and geotechnical issues
  • Construction insolvency

Our experience over the past 40 years means we take a well-reasoned and tactical approach to protecting our clients’ interests at every stage of a dispute.

  • Course of Construction: We assist clients with issues that arise during construction, such as delays, defects, and payment disputes, while ensuring their legal rights are preserved.
  • Mediation & Negotiations: If a dispute escalates, we guide clients through every phase of the dispute resolution process, leveraging their skills and experience to seek an early resolution whenever possible through negotiation or mediation.
  • Adjudication, Litigation & Arbitration: When binding adjudication, litigation, or arbitration becomes necessary to resolve a dispute, our team employs powerful advocacy skills to present a strong, well-prepared case, ensuring our clients’ positions are vigorously pursued or defended.

At Kelly Santini LLP, we understand the challenges faced by those in the construction industry. Our Construction Law team is dedicated to providing the legal support you need to achieve your business goals and resolve disputes effectively.

Contact us today to learn how our Construction Law team can support your next project.

Related News & Resources
A Year to Hold Back the Holdback
In Fall 2024, Ontario announced upcoming amendments to the Construction Act, following a five-year review of the broad…
New Year Brings New Building Code to Ontario
As of January 1, 2025, the 2024 Ontario Building Code will officially take effect. However, transition rules allow…
Year 2025 with Building, house construction icon
Not Just Provincial: Adjudications Extending to Federal Projects
The Ontario Construction Act (the “Ontario Act”) introduced construction adjudications in late 2019. Since then, there has been…