more than 40 years of legal experience
302, 15252 – 32nd Avenue | Surrey, British Columbia V3Z 0R7

Construction Litigation Lawyer

If you’re facing a construction dispute, having the seasoned legal guidance of an experienced Vancouver construction law lawyer can have a direct impact on the outcome of your claim. If this is the situation you find yourself in, this guide will serve you well.  Construction and contractor disputes are complex, and without legal insight, your rights can get lost in the process. Proceed with caution. 

Construction Lawyers for the Building Industry in Surrey and Vancouver

Your skilled construction law team will ably fill all the following primary roles:

  • Ensuring that you understand your legal claim and the best path forward
  • Determining a solid legal strategy that addresses the unique circumstances of your claim
  • Skilfully advocating for an effective and efficient claim resolution
  • Being well prepared to take your case to trial if the at-fault party refuses to engage in meaningful negotiations

The basics of resolving construction industry disputes include the following:

  • Negotiations
  • Mediation
  • Arbitration
  • Dispute review boards
  • Commercial litigation

The Role of Construction Contract Lawyers

Practiced litigation lawyers have an in-depth understanding of the legal intricacies of construction project disputes, and they often play an integral role in resolving them.

What Does a Construction Law Lawyer Do?

Construction law lawyers skilfully handle a broad range of various legal issues and concerns, including:

  • Creating solid contracts that protect their clients’ rights 
  • Knowledgeably addressing contractor disputes
  • Skilfully advancing construction defect claims 

Extensive Experience Required

To successfully resolve a difficult construction claim, you need a construction lawyer with extensive experience ably navigating the legal complexities involved, which translates to optimal results. 

Importance in a Construction Project

Construction projects tend to involve multiple challenging layers, and there is plenty of space for disputes to arise. Having focused legal representation in your corner from the start can make a profound difference in how your claim is resolved. 

The Intersection with Commercial Litigation

Construction law lawyers employ the full force of their experience, resources, and legal skills to resolve disputes out of court, which can save time, money, and frustration. When this isn’t possible, however, litigation is necessary, and they are well-positioned to knowledgeably guide your case through the trial process. 

Understanding Construction Disputes

There are many kinds of construction projects and many kinds of construction contracts and disputes, and a better understanding of yours can help you avoid common errors and make the right decisions for you moving forward.

Common Types of Construction Disputes

Disputes can take all the following forms:

  • Delay claims
  • Contract claims
  • Site condition claims
  • Construction defect claims
  • Claims related to workmanship
  • Code violation claims
  • Claims related to negligence
  • Priority dispute claims 

Contractor Disputes

Contractor disputes arise concerning terms that either the contractor or the client fail to live up to or to actions on either side that lie outside contractual boundaries.  

Builders Lien Claims

Construction liens refer to claims that contractors make against private owners of specific properties they’ve worked on under a contract but haven’t been paid regarding.

How Construction Lawyers Can Help

Whether you’re a client of a construction company with a performance or financial concern or a construction group, general contractor, or third-party contractor that has a debt collection concern regarding contracted work, a construction lawyer can help smoothly guide an advantageous dispute resolution.

Alternative Dispute Resolution

Avoiding court is generally considered beneficial, and alternative dispute resolutions (ADRs) like mediation and arbitration often prove successful. Mediation involves the guidance of a professional mediator, and if a settlement is reached, it becomes legally binding. Arbitration must be agreed upon in advance, and it involves a less formal but structured process that leads to legally binding decisions.  

Resolving Disputes in Court

If your case goes to court, the process is exacting, tends to be lengthier, and will likely be more costly than avoiding trial would be, but if the other side refuses to budge, it will likely be necessary.

In-Depth Understanding of Construction Law

Your resourceful lawyer’s in-depth understanding of construction law will help resolve your claim outside of court if feasible, and if not, they will take decisive action concerning your court case.  

Navigating Construction Claims

Navigating your construction claim is an important piece of the litigation puzzle, and the legal assistance and guidance you receive can make all the difference in the outcome.

Types of Construction Claims

Some of the most common types of construction claims include delay and contract claims.

Delay Claims

Delay claims relate to unreasonable delays in the construction process, which can put construction clients’ in difficult financial situations.

Contract Claims

Contract claims relate to terms included in the contract that either party failed to uphold.

The Role of Construction Litigation in Claims

Construction law supports construction litigation in those claims that can’t be successfully negotiated or resolved through ADR. 

Professional Liability Aspects

Contractors and design professionals – like other professionals – bear significant professional liability. Failure to live up to these responsibilities can lead to real estate development litigation.

Legal Framework in the Construction Industry

When construction disputes arise in Canada, the legal framework generally follows a predetermined path that includes:

  • Mandatory stepped negotiations
  • Mediation
  • Arbitration – if agreed to or if included in a contractual term
  • Litigation

Construction Law Overview

The basic laws that guide construction disputes include all the following:

  • Contract law
  • Law of tort, which addresses and forwards remedies for civil wrongs that do not arise from contractual obligations
  • Governing statutes or laws, including breach of statutory duty laws and the law of restitution

Law Society Guidelines

Law Society Rules help to ensure that the legal profession is regulated following the public interest. This includes maintaining high-level requirements related to education, competence, and professional conduct.

Public Private Partnerships and Joint Ventures

Public-private partnerships in Canada are a kind of service delivery system that includes a formal collaboration between both the public and private sectors – generally for long-term initiatives. Joint ventures, on the other hand, describe any arrangement in which two or more parties agree to contribute to a shared commercial enterprise. 

Joint Venture Legalities

Canada imposes few restrictions on joint venture licensing throughout the country, but disputes happen, and the legal path forward tends to be challenging. 

Construction Project and Legalities

Canada embraces a freedom of contract approach to the construction project. 

General Contractors and Design Professionals

The requirements for general contractors and design professionals include:

  • Education specifics
  • Work experience
  • Required licensing
  • Business formation requirements

Priority Disputes

Priority disputes tend to arise with ambiguous insurance policies that apply to the contract work in question. These matters can be quite complex. 

Construction Liens and Debt Collection

Construction liens relate to construction work that goes unpaid, and debt collection is a natural by-product.

Including the matter of construction liens in contracts can head disputes off at the pass by addressing how such concerns will be resolved, such as in arbitration. 

Alternative Dispute Resolution in Construction

Alternative dispute resolution in construction refers to methods other than addressing the matter in court.

Types of Alternative Dispute Resolution

There are several basic categories of alternative dispute resolution, including:

  • Open negotiations
  • Mediation
  • Arbitration 

Dispute Resolution Methods

Negotiations generally involve each side and their respective construction lawyers coming together in good faith to resolve the construction dispute between themselves. Mediation takes negotiations a step further by including the guidance of a professional mediator. Arbitration, on the other hand, is a more structured process that is legally binding.

When to Opt for Alternative Dispute Resolution

If negotiations have stalled, alternative dispute resolution offers an excellent opportunity to avoid the formal litigation process. 

Represent Owners and Contractors

Accomplished construction lawyers represent property owners and contractors alike, and their legal representation in construction matters can prove highly effective.

Construction Practice and Insolvency Litigation

Construction projects are complex to begin with, and when insolvency issues arise, they become that much more so. The financial effects can have far-reaching consequences, but lawyers who focus on construction practice have the experience and drive to help. 

Construction Group Practices

Construction group practices are designed to promote client goals concerning the project at hand and to take a proactive stance in response to insolvency or potential insolvency.

Broad Range of Services

Your esteemed construction dispute lawyer brings a broad range of confidence-inspiring experience, technical knowledge and legal skills to your construction dispute claim.

Insolvency Litigation in Construction

Construction projects include many working parts that come with a good deal of attendant expense, and insolvency can raise its ugly head at many different levels. Addressing the matter head-on with trusted legal guidance by your side is the surest path forward. 

Supreme Court Decisions

The Supreme Court of Canada recently ruled that when a contracting party’s insolvency triggers a contractual clause removing value from the estate of the debtor, the clause is void and won’t be upheld by Canadian courts.

The Integral Role of Litigation Lawyers in Construction

Construction projects are complex, and disputes are not uncommon. The formidable construction litigation lawyers at Doran Law in Vancouver, Surrey appreciate the significance of your claim and dedicate their impressive practice to focused advocacy that supports your legal rights and financial interests. For more information, please don’t wait to reach out and contact or call us at 604-542-9455 today. 

A skilled litigation lawyer can make a pronounced difference in the outcome of your construction dispute. This includes building a strong claim, skillfully guiding negotiations and alternative dispute resolutions, and preparing for effective and efficient litigation in the event it is necessary. 

Summary and Final Thoughts

Protect your rights and your investment concerning a construction project by working closely with a practised construction law lawyer in the role of your fierce advocate.

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Office Location

Surrey Office
302, 15252 – 32nd Avenue Surrey, British Columbia V3Z 0R7
Phone: 604-542-9455
Fax: 604-542-9493

Office Hours

Monday – Friday | 8:30 AM – 5:00 PM

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