Construction Projects

For many decades, MLT Aikins lawyers have played leading roles in advising clients on major industrial, manufacturing, infrastructure and commercial construction projects in Western Canada and the United States, including projects involving complex joint venture, co-ownership and partnership structures. Our knowledge of the legal and commercial issues involved in construction and industrial projects and our experience in resolving construction disputes help us recommend effective project delivery and risk management strategies early in the project planning stage.

Our experience spans the entire range of services needed to take major projects from the drawing board to successful commissioning, including ownership structures, financing, bonding and insurance, environmental and other regulatory compliance and procurement services. Our lawyers are experienced with a wide range of project contract structures and know how to evaluate the risks and benefits of implementing those structures. We regularly assist in developing and negotiating all types of project related documents, including:

• engineering and architectural service agreements
• design-build construction contracts
• construction and installation contracts
• construction management agreements
• equipment supply contracts
• turnkey project agreements
• EPC and EPCM project agreements
• performance guarantees and bonds
• project related letters of credit.

We are also experienced in evaluating and designing a range of effective project procurement strategies, including competitive tenders, competitive negotiation, request for proposals and sole sourcing.

MLT Aikins can provide experienced guidance in the resolution of construction disputes when things go wrong. We routinely represent clients negotiating agreements to resolve construction disputes and, where that is not possible, in litigation or arbitration. We have acted for owners, construction companies, engineers, architects, insurers and sureties.

• Greenfield and Expansion Potash Mine Projects: Counsel to major potash producers on the development and construction of new greenfield projects and major expansion projects.
• Port Facilities: Acted for potash producers and exporters on the construction of port facilities in Portland, Oregon and Vancouver, British Columbia.
• Clean Coal: Counsel to public utility on construction of a world-first, large-scale integrated commercial carbon capture and storage facility.
• Power Generation Projects: Counsel to public utility on construction of various power generation projects including a base load cogeneration power plant and transmission line construction project.
• Mining Industry: Advisers to international and domestic mining companies in respect of numerous construction projects in northern Saskatchewan, including production and processing projects such as McArthur River, Cigar Lake, McLean Lake and Midwest.
• Forestry Industry: Advisers to forest products company regarding the development and construction of a major oriented strand board plant, an I-joist plant and a planer mill in various locations in Alberta and British Columbia.       Lead counsel on the construction of a major engineered wood products manufacturing facility in northern Alberta.
• Oil and Gas Industry: Acted for EPC contractor in connection with the construction of a unit train terminal for shipping oil by rail.
• Heavy Oil Upgraders: Advisers to the Government of Saskatchewan regarding the development and construction of the Bi-Provincial Heavy Oil Upgrader at Lloydminster and the Co-Op Heavy Oil Upgrader at Regina.
• Steel and Pipe Manufacturing Facilities: Advisers to steel manufacturer regarding the development and construction of steel mills in Iowa and Alabama and numerous other steel and pipe processing facilities in Canada and the United States.
• Fertilizer Facility: Advisers to Saskferco, a joint venture initially between the Province of Saskatchewan and Cargill, regarding the development and construction of a world-scale fertilizer plant at Belle Plaine, Saskatchewan.
• Municipal Projects: Advisers to municipal government in the development of a bundled, multi-purpose sports and entertainment facility.
• Health Care Facilities: Acted for health regions in the development and construction of hospitals and long-term care facilities as well as energy performance projects in hospitals.
• Education Facilities: Acted for school board and colleges in the development of school projects, joint use multi-purpose education facilities, and student housing projects.
• Saudi Arabian Pipe Processing Facility: Acted for equipment manufacturer with the development and negotiation of an equipment supply and project services agreement for the supply of a pipe processing facility to a Saudi Arabian purchaser.
• Agribusiness Projects: Advisers to numerous producer groups in connection with the development of grain handling and ethanol facilities, as well as expansion projects for rail loading and crop input facilities.
• Commercial Projects: Advised project developers on a wide range of commercial construction projects including: office towers, warehouses, distribution facilities and agricultural research centre, among others.