Construction
Construction
Overview
Experience
People
News + Views + Events
Notable Work

Stay in the "know" with the most recent developments in construction law on our BLOG.


Construction is fraught with risk, but the successful management of that risk can lead to great returns. Whether you are an owner, a design professional, general contractor, subcontractor, material supplier, insurer or surety; involved in commercial or residential, industrial, institutional or oil and gas, the construction industry is complex, and Field Law’s experienced lawyers can assist you. 

We represent a variety of clients ranging in size from single owner businesses to major institutions and international EPC contractors. Our clients include owners, design professionals, general contractors, subcontractors, material suppliers, insurers and sureties. At Field Law, our team focuses on helping you manage risk from the inception of a project through to completion. We have the experience and practicality to assist you with your needs, whatever they may be.

We at Field Law are familiar with the risks that you face. We are detail-oriented and have an in-depth understanding of the construction process. We work across a variety of construction related trades and industries, including excavation, mechanical, electrical, oil and gas pipelines, civil and road works, electricity transmission and infrastructure.

At Field Law, construction law is about identifying, managing and overcoming risk to get the job done. Design, workmanship, materials, schedule, cost, payment, delay, acceleration, weather, liens, labour, unforeseen conditions, extras and cash flow -- all present risk for each of the participants in a construction project. We emphasize risk management from the beginning - tender and award, contractual risk allocation and insurance/surety arrangements all furnish opportunities to allocate risk and to protect the project and its participants from the unforeseen.

Of course, disputes and issues arise, and construction litigation is complex, document intensive and expensive. We recognize that every situation is different and what works for one client may not be the solution for another. We look to identify our client’s needs and tailor a strategy and solution that will obtain the most timely and cost-effective result. We are practical problem solvers who appreciate that every dollar spent subtracts directly from the bottom line and that the risk/reward level for construction litigation demands a hard-nosed, proactive response.

Field Law’s services relating to construction include:

  • Builders’ liens
  • Contract dispute resolution
  • Delay and productivity claims
  • Productivity impact litigation
  • Deficiency claim litigation
  • Wrongful Termination
  • Construction contract drafting
  • Construction contract litigation
  • Warranty claim litigation
  • Surety
  • Construction bonds
  • Labour and material payment bonds
  • Performance bonds

 

Amble Ventures (Alberta) Ltd v D.B.K. Engineering Ltd, 2019 ABQB 287
LaPrairie Works Inc v Ledcor Alberta Limited, 2019 ABQB 701
Golden Triangle Construction Management Inc v Nuwest Interior Systems Inc, 2019 ABQB 292
LaPrairie Works Inc v Ledcor Alberta Limited, 2019 ABQB 189
Park Avenue Flooring Inc v EllisDon Construction Services Inc, 2019 ABQB 73
RPC Limited Partnership v SNC-Lavalin ATP Inc, 2018 ABQB 656
MGN Constructors Inc v AXA Pacific Insurance Company, 2018 ABQB 631
Tamaya Wynd Estates Inc. et al v. Condominium Corporation No 0727774, 2018 ABQB 466
Stephen v MacLean, 2018 ABQB 53
Direct Horizontal Drilling Inc v North American Pipeline Inc, 2017 ABQB 653
Condominium Plan No 7920829 v.  Academy Contractors Inc., 2017 ABQB 583
Owners: Condominium Plan No. 0625385 v Oxford Grande Ltd., 2017 ABQB 316
Keyland Development Corporation v Rocky View (Municipal District No 44), 2016 ABQB 735
HVC Canada Ltd v. EllisDon Construction Services Inc., 2016 ABQB 602
HVC Canada Ltd. v. EllisDon Construction Services Inc., 2016 ABQB 105
Cranbrook (City) v. Gabriel Construction (Alberta) Ltd., 2014 BCSC 2280
Keyland Development Corporation v Cochrane (Town), 2014 ABQB 458
Online Constructors Ltd. v. Speers Construction Inc., 2011 ABQB 43
Stonetile  (Canada) Ltd. v. Castcon Ltd., 2010 ABQB 392
Chuck Corothers Building Ltd. v. Royal North Industries Ltd., [1998] NWTR 114 (NWTSC), Northwest Territories Supreme Court
September 2019
The Best Lawyers in Canada 2020
34 Fielders Recognized
Field Law is pleased to announce that 34 of our lawyers are recognized in their respective practice areas in the 14th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer reviews of leading lawyers and ...
September 2019
Doing Work on a Provincial Project? Protect Yourself with a Public Works Act Claim
Field Law Blog
July 2019
Fairness is in the Eye of the Beholder in the Tender Process
Field Law Blog
May 2019
What’s Old is New Again – Municipal Reserve Lands in Alberta Cannot be Liened
Field Law Blog
January 2019
Tick-Tock Goes the Lien Clock
Field Law Blog
November 2018
Buildex Calgary Seminar Talks Cannabis in the Workplace
Journal of Commerce
September 2018
The Best Lawyers in Canada 2019
28 Field Law Lawyers Recognized
Field Law is proud to announce that 28 of our lawyers have been included in the 13th edition of The Best Lawyers™ in Canada. These lawyers have been recognized in 17 service areas, resulting in a total of 36 rankings.Among the 28 Field Law l...
May 22, 2018
Definitive deference: How courts treat consultants’ decisions
The Lawyer's Daily
This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc.
March 2018
Contentious Construction Contract Clauses: Traps and Pitfalls to be Aware Of
Presentations
BUILDEX Edmonton Conference
February 2018
Case Summary: Valard Construction Ltd. v Bird Construction Co.
Defence + Indemnity
A. Supreme Court of Canada finds obligee/trustee under a Labour and Material Payment Bond breached the fiduciary duty owed to a claimant by failing to disclose existence of the Bond. Valard Construction Ltd. v. Bird Construction Co., 2018 SCC 8, p...
January 2018
Understanding Limitations of Liability: Recent Alberta and Canadian Case Law
Canadian Institute: Managing Risk in Construction Contracts & Projects Conference
January 2018
Field Law Announces Two Partners
Firm Welcomes Malkit Atwal and Sharon Roberts to its Partnership
EDMONTON – Field Law is pleased to introduce Malkit Atwal and Sharon Roberts as partners of the Firm. The addition of Malkit and Sharon to Field’s partnership is an emblem of the Firm’s growth in 2017, and its continued expansion and ...
October 2017
Case Summary: Vermilion & District Housing Foundation v Binder Construction Limited
Defence + Indemnity Newsletter
The Alberta Court of Queen’s Bench holds surety liable under a performance bond for consequential damages suffered by an obligee as result of defaulting contractor.  Vermilion & District Housing Foundation v Binder Construction Limited, ...
August 2017
The Best Lawyers in Canada 2018
25 Field Law Lawyers Recognized
25 Lawyers from Field Law Recognized in The Best Lawyers™ in Canada 2018 Field Law is pleased to announce that 25 lawyers have been included in the 12th Edition of The Best Lawyers™ in Canada. Three of these lawyers are new additions a...
August 2017
Case Summary: Manitoba Housing and Renewal Corp. v. Able Eavestroughing Ltd.
Defence + Indemnity Newsletter
A. Manitoba Court of Queen’s Bench finds CRA entitled to priority to “earned but unpaid” contract funds held by obligee (over the surety who had paid out labour and material payment bond claims after principal’s default)  &...
June 2016
Case Summary: HOOPP Realty Inc. v. The Guarantee Company of North America
Defence + Indemnity Newsletter
Obligee's claim against surety can survive despite Obligee's claim against principal being unenforceable as a result of wording of completion agreement.    HOOPP Realty Inc. v. The Guarantee Company of North A...
Feb 2016
Case Summary: Stuart Olson Dominion Construction Ltd. v. Structal Heavy Steel
Defence + Indemnity Newsletter
V. SURETY AND BOND ISSUES  The relationship between trust and lien claims under Provincial builders' lien legislation Stuart Olson Dominion Construction Ltd. v. Structal Heavy Steel, 2015 SCC 43, per Rothstein, J. &nbs...
  • Secured a favourable settlement on behalf of a construction company by pursuing a delay and impact claim in a strategically fast-paced arbitration in which we alleged that the client’s inability to perform its work as originally bid was caused by failures and delays by other parties 
  • Obtained summary judgment on behalf of a pipeline project contractor that was forced to register builders’ liens against the owner despite clear evidence that the work was performed per the contract’s terms; judgment affirmed on appeal
  • Secured an early, favourable settlement for a subcontractor who registered a builders’ lien on a large project involving multiple other lien claimants with claims totalling more than $12M, thereby avoiding the cost and time that would have been involved had our client participated in the overall litigation
  • Secured a settlement for a subcontractor who registered a builders’ lien for non-payment of its invoices, thereby avoiding involvement in what would have been a protracted litigation with uncertain ability to collect on any judgment we would have received
  • Obtained an emergency pre-judgment attachment order for a subcontractor client who performed work on and supplied materials to a project, but had not received any payment, and the prime contractor had been terminated
  • Secured a favourable settlement for a client on a complex delay claim involving wrongful termination and a counterclaim for damages against our client
  • Provided legal advice as part of a team to an owner involved in a multi-million dollar procurement matter
  • Represented a major international EPC contractor involved in disputes with oil sands producers and other EPC contractors over payment, delays, costs, and changes for various turnaround, construction and fabrication contracts
  • Represented a US engineering, fabrication, construction and maintenance contractor involved in a dispute with an oil sands producer over payment and delays