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Construction Law

De Grandpré Chait is a recognized leader in construction law, featuring a team of construction lawyers whose reputation and proactive involvement in Quebec's construction industry are well known. We can guide you through every step of a construction project, whether it involves designing strategies, drafting contracts, financing, calls for tenders, bids, construction hypothecs, construction bonds, protecting your claims or handling litigation.

Our experts in construction law act for clients operating in the industrial, commercial, residential and institutional sectors. Our vast experience in construction matters is a valuable asset for owners, developers, general and specialized contractors, suppliers of materials, architects and engineers, as well as lenders and bonding companies.

In construction, action is not enough: you also have to be aware of the business context, the risks and the legal issues. Our lawyers monitor evolving construction industry trends and know the key players. They continuously keep abreast of their clients' needs and concerns. In order to effectively represent your interests, our team is also active within the construction industry, particularly with the Association de la construction du Québec (ACQ), the Association des constructeurs de routes et grands travaux du Québec (ACRGTQ), the Association Québécoise des Entrepreneurs en Infrastructure (AQEI) and the Association des maîtres couvreurs du Québec (AMCQ).

Planning and executing construction projects

We care about the success of your construction project. You can rely on our know-how and our understanding of construction-related challenges to provide you with advice and recommendations regarding the proper measures to be taken in project planning and execution. Our lawyers are also experienced in dealing with various administrative authorities to obtain construction licences and construction permits (Régie du bâtiment du Québec, municipal authorities, etc.).

In addition, you can benefit from the advice and solutions provided by our lawyers practising in complementary legal fields, such as the following: business law (incorporations, project financing, business acquisitions, shareholder agreements, shareholder dispute resolution, business succession, labour relations, protecting your inventions), municipal issues (zoning, taxation and expropriation), environment, taxation (tax planning, trusts, tax litigation), as well as bankruptcy and insolvency.

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Tendering and bidding for construction projects

Calls for tenders as well as requests for proposals are a  source of concern that could have a major impact on risk management, and they are often a mandatory step in the implementation of a construction project. We can advise you both before and after the closing of a call for tenders in order to identify the potential pitfalls. Whether the issue is about bid eligibility, compliance, or enforceability, our construction lawyers will have the answer to your questions. You can also take advantage of our extensive litigation experience to handle cases relating to the Bureau des soumissions déposées du Québec (BSDQ - Bid Depository) code.

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Construction contracts

A contract is the cornerstone of goodwill between parties. In order to meet the specific needs of all stakeholders involved in a construction project and reduce the risk of claims, we can help you draft and negotiate your contract documents. Renowned for their in-depth knowledge of the main standard form contracts used in the construction industry (CCDC, ACC, MTQ, Hydro-Québec, FIDIC), our lawyers will guide you in determining the model and clauses which best apply to each of your construction projects. They have also developed extensive experience in the drafting of contracts for major works, including projects undertaken as public-private partnerships.

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Construction legal hypothecs and bonds

A construction legal hypothec is often the best way to protect the claims of contractors, sub-contractors, suppliers and professionals. In 2015, the publication of a major work reasserted our leadership role in this field. Written by a prominent lawyer of the firm, David H. Kauffman, The Construction Hypothec: Insights Into Quebec Lien and Construction Law, is an authoritative reference work which contains a comprehensive examination of the construction hypothec and discusses related construction law matters in Quebec. You can count on our cutting-edge expertise with respect to all aspects of construction legal hypothecs, from its denunciation, publication, prior notice and execution to the hypothecary recourse, substitution of security, contestation and its removal. Equally skilled in the area of construction bonding, our lawyers will advise you and make the appropriate interventions to defend your rights regarding these issues.

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Construction claims and litigation

Regardless of the type of construction dispute you would like to settle, we will help you define the issues realistically and suggest possible solutions rapidly. If necessary, our construction lawyers will represent your interests before any court or administrative tribunal, government board, arbitrator or mediator. Our extensive experience before the courts, together with our involvement in the construction industry, allows us to present efficient solutions for the settlement of disputes stemming from calls for tenders, additional and unanticipated work, deficiencies and faulty work, unpaid claims, as well as offences under statutory provisions related to construction (CCQ and RBQ). Furthermore, we can counsel you with respect to claims involving insurance and professional liability regarding construction matters.

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