JSS Barristers is regularly involved with owners, contractors, developers, construction professionals, trades and suppliers, in courts, arbitrations, mediations, and negotiations, to resolve construction disputes of all kinds. Often, JSS Barristers is retained as counsel. On other occasions, given the prevalence of alternative dispute resolution in the construction field, members of the firm are appointed as arbitrator or mediator.

Construction disputes commonly involve significant stakes. However, regardless of how large the amount in dispute might be, whether a resolution is satisfactory will depend not just on the ultimate outcome, but also on the time and cost incurred through the dispute process. Given that construction disputes often involve numerous parties, complex technical issues, and voluminous project records, experience is necessary for the efficient and effective management of construction disputes. JSS Barristers has a wealth of knowledge it applies in handling disputes in the construction field, allowing it to cut through to the real issues.

In some instances, the "best" outcome must take into account a variety of factors, including any larger and long-term valuable relationships, the relative costs and benefits of particular disputes or issues within a dispute, and the importance of the principles and reputations involved. We actively explore and listen to our clients' goals for the direct and indirect considerations at play, and then take those goals into account in how we assertively advocate our clients' positions.

Construction-related issues including:

  • Delay claims
  • Extras claims
  • Impact claims
  • Cost overruns
  • Loss of profit
  • Breach of contract and negligence claims
  • Issues with:
    • Design
    • Engineering
    • Procurement
    • Project execution
    • Project management
    • Workmanship
  • Termination and suspension provisions
  • Builders' liens
  • Arbitration
  • Mediation
  • Stepped dispute resolution clauses

Examples of construction project disputes:

  • Oil sands
  • Oil and gas pipelines and facilities
  • Manufacturing facilities
  • Infrastructure projects
  • Buildings
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