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Home > Our Services > Construction & Property Development

Construction & Property Development

KEY SECTOR TRENDS

  • Expedited shift from traditional office real estate to a more ‘mixed space’ demand and mobile/shared office demand
  • Movement towards the new age of retail: ‘brick and mortar’ continues its shift to ‘brick and click’ and digital/mobile environments as real estate developers seek new forums of relevance
  • Disintermediation of real estate brokerage as data availability and collaboration shift the centre of power to the end-user

LEGAL RAMIFICATIONS

  • Heightened need for a comprehensive, multi-disciplinary approach to project planning & contract development
  • Progressive industry insight to support the evolving legal needs of the construction & real property sector
  • Increased reliance on lawyers with direct experience in a wide variety of infrastructure projects and dispute scenarios

WHAT WE KNOW

Rome wasn’t built in a day—nor were the complexities surrounding the governance, regulation and legalities of creating a market conducive to successful real estate development.  We live in a dramatically different world. Commercial and consumer aptitude for real estate is becoming predominantly shaped by an ‘on-demand’ and ‘my-way’ purchasing behavior. Gone are the days of the multi-layered value chain of intermediaries. Transparency and the availability of big data—made possible by information collaboration and technological advancement— have reconfigured the real estate and property sector. Only those who are able to keep up with the changing dynamics of property and infrastructure preferences will be left to compete in an industry where owners, contractors, engineers, suppliers and consultants fight to architect the ‘last building standing’.

ADVANCING THE LEGAL INDUSTRY

At McInnes Cooper, we believe in playing an active role in the advancement of our clients and the industries in which they progressively participate. As such, we believe our responsibility extends beyond providing basic, legal advice—we are your true advocates and we fulfill this role in the most literal sense— as demonstrated by our direct involvement in the most significant construction and real estate projects in Atlantic Canada.

Our legal team of real estate & construction lawyers are actively involved with the Atlantic real estate community and have an intimate knowledge and appreciation for the way in which real property is developed and facilitated across the local market. From the initial engineering blue print to the final lease negotiation, we act as your central point of expertise and representation at all stages of the real estate and construction lifecycle.

OUR LEGAL EXPERTISE

  • construction law
  • banking, finance & tax
  • commercial contracts
  • dispute management
  • public private partnerships
  • environmental
  • risk assessment
  • tender preparation & evaluation
  • project structuring
  • regulatory
  • Aboriginal law
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  • Jeff Aucoin

    Jeff Aucoin

    Construction & Infrastructure Group Lead, Office Lead Partner

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Representative Work and Testimonials

  • Acquisition of Shopping Complex

    Represented the purchaser in the acquisition of a major shopping centre complex in Halifax with the highest purchase price at that time in NS. 

    Read More
    Representative Work
  • Lease of Land at Post-Secondary Education Institution

    Acted as legal counsel in the drafting of lease documentation for a post-secondary education institution to lease a piece of land intended for…

    Read More
    Representative Work
  • Acquisition of Adjoining Sites for Post-Secondary Education Institution

    Represented post-secondary education institution in formal closing, registration of title and zoning matters related to the acquisition of…

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    Representative Work
  • Eastern Health Contract Review for Civil Construction

    Advised the client on its construction contracts and developing seminars on the procurement process for its internal personnel.

    Representative Work
  • P3 Project: Fredericton – Moncton Highway (1997 – 2000; 2016 – Present)

    Acted as local counsel to New Brunswick Highway Corporation in all aspects of the initial $747 million project in 1997, including the request…

    Read More
    Representative Work

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  • Prohibition on the Purchase of Residential Property by Non-Canadians Act: 5 FAQs

    Mar 16, 2023

    On January 1, 2023, the Prohibition on the Purchase of Residential Property by Non-Canadians Act and accompanying Regulations took effect. The…

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  • Mortgage Deficiencies: NB Appeal Court Clarifies Use of “Market Value” & More

    May 2, 2022

    On April 14, 2022, the New Brunswick Court of Appeal released its decision in Royal Bank of Canada v. Estate of Susan Lynn Williams, revisiting…

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  • 10 Key Realtor FAQs About N.B. Real Estate Law

    Nov 19, 2021

    To help realtors better prepare their clients to ensure smooth real estate transactions with timely closings, here are the answers to the 10…

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  • N.B. Construction Remedies Act: 7 Key Changes from the Mechanics’ Lien Act

    Sep 9, 2021

    This publication has been updated as at March 7, 2022. The New Brunswick Construction Remedies Act, substantially came into effect on…

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  • CCDC 2 (2020): 8 Key Changes to the Stipulated Price Contract

    Jan 20, 2021

    In the first update to the CCDC 2 since 2008, in December 2020 the Canadian Construction Documents Committee (CCDC) published the CCDC 2 (2020).…

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