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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

 

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, Alberta Court of Queen's Bench
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 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...
July 2018
Keeping Your Hands Lien: Don’t Forget a CLP!
Field Law Blog
June 2018
Extra! Extra! How Do Subcontractor Change Orders Affect the Lien Fund? It Depends…
Field Law Blog
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
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.
February 2018
When Calculating Lien Periods, it’s Convenient to be Prevenient
Field Law Blog
February 2018
Mitigate Before you Litigate: Recovering Damages for Renovations Gone Wrong
Field Law Blog
February 2018
Do Something! Labour and Material Payment Bonds Should Be Disclosed to Claimants
Field Law Blog
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
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
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)
May & June 2017
Complex Facts & Contested Evidence: No Longer a Hurdle for Summary Judgment?
May 2017
Case Summary: MJ Limited (MJ Trucking) v. Prairie Mountain Construction (2010) Inc.
Construction Law Letter
Registering a lien against the wrong lands: fatal or repairable? See page 13.
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.
Feb 2016
Case Summary: Stuart Olson Dominion Construction Ltd. v. Structal Heavy Steel
Defence + Indemnity Newsletter
The relationship between trust and lien claims under Provincial builders' lien legislation.
December 2015
Legal Developments in Public Construction Procurement
November 2015
Tendering Law Post Bhasin v. Hyrnew
September 2015
The "New Labour Trilogy" from the Supreme Court of Canada
October 2014
Legal Developments in Public Construction Procurement
March 2014
Construction Contracts and Insurance: Understanding the Implications of Defence and Indemnity Provisions
2014
Construction Law and Recent Developments in Contractual Interpretation
November 2013
Managing Risk in Construction Contracts: Construction Case Law Update: How Will the New Cases Impact Your Business?
April 2012
Termination Practices
September 2009
Construction Contracts and Indemnities
April 2008
Implications Arising from Parallel or Related Proceedings - Use of Evidence - Res Judicata - Having Proceedings Stayed
April 2006
Construction Law Update - Contracts and Bonds
January 2006
The Anatomy of a Construction Action
February 2005
Joint Meeting of the American College of Construction Lawyers and The Canadian College of Construction Lawyers
January 2004
Construction Bonding and Insurance Update
November 2003
Construction Law Update
February 2003
Construction Law Update
2001-2003
Contract Law & Documents
June 2001
Managing Construction/Purchasing Risk
April 2001
Legal Alert - Construction Law Primer
1996-2000
Contract Law & Documents, Construction Management Certificate Program
1999
Contractors and Freedom of Information
1998
Gold Seal Program Course, Contract Law and Documents
Periodically
Implications Arising from Parallel or Related Proceedings-Use of Evidance-Res Judicata-Having Proceedings Stayed
  • 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 totaling 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