McInnes Cooper has been involved in most major construction and development projects in Atlantic Canada. Our experienced team of lawyers provides comprehensive legal services tailored to the unique needs of the construction industry and property development.
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.
We provide advice and representation on:
Contracts: Effective contracts are the foundation of successful construction projects. Our lawyers draft, review and negotiate construction contracts, including construction agreements, and subcontracts, including for some of the largest P3 & infrastructure projects in Atlantic Canada.
Dispute Resolution: Construction projects can be susceptible to disputes, which lead to costly delays and financial losses. Our firm has a proven track record in construction dispute resolution, offering strategic advice and representation in mediation, arbitration and litigation. We handle a wide range of construction-related disputes, including breach of contract claims, construction defects, payment disputes, and more.
Additionally, our labour and employment lawyers have decades of experience effectively handling construction industry labour grievances.
Risk Management and Insurance: Mitigating risks is crucial in the construction industry. Our lawyers assist in evaluating insurance coverage, drafting indemnity provisions, assessing liability exposure and advising on risk allocation to protect your interests and minimize potential legal liabilities.
Construction Liens: Our team offers guidance to contractors, subcontractors and suppliers on filing and enforcing construction liens, bond claims, and other remedies to secure payments.
Financing: We regularly lead and support the negotiations for construction financing agreements and address legal aspects related to project financing and development. Our lawyers have worked on some of the largest construction and infrastructure financing projects in Atlantic Canada’s history.
Our team of skilled lawyers combines industry and legal knowledge to address the key legal elements involved in construction projects. Trust us to safeguard your interests and ensure your projects are built on a solid legal foundation.
Advised and acted for a government owned company in arbitration proceedings seated in Muscat in construction claims related to extension of…
Advised and successfully represented a subcontractor in an arbitration arising from disputed variations and payments relating to the supply and…
Advised on and negotiated a settlement of a claim with a contractor in relation to a subcontract for the supply and installation of dry wall…
Advised and acted for a government owned developer in a professional negligence claim against an international engineering consultancy firm for…
Represented the purchaser in the acquisition of a major shopping centre complex in Halifax with the highest purchase price at that time in NS.
Acted as legal counsel in the drafting of lease documentation for a post-secondary education institution to lease a piece of land intended for…
Represented post-secondary education institution in formal closing, registration of title and zoning matters related to the acquisition of…
Advised the client on its construction contracts and developing seminars on the procurement process for its internal personnel.
One of the first P3 projects in Canada, McInnes Cooper acted for New Brunswick Highway Corporation in finalizing Project Agreements, on…
Local counsel for the financer, design-builder and also Spanish operator for the financing and design-build of new municipal water treatment…
Acted as local counsel for the design-builder and also US-based operator with respect to P3 project involving the financing and design-build of…
McInnes Cooper acted as lead counsel for New Brunswick Highway Corporation on the $1.1B P3 Project, the largest highway financing undertaken in…
The Province of New Brunswick, Citigroup and associated companies, entered into a P3 agreement in 2009 to build the 133,00 square feet, 15…
Represented SNC Lavalin/Atcon in finalizing agreements with New Brunswick Highway Corporation for the design, development, construction,…
March 20, 2025
While most construction contracts address taxes and tariffs, the current political climate respecting tariffs can impact both existing contracts…
July 26, 2024
The nature of the construction industry, especially when it comes to seasonal work and where the labour needs and costs must be estimated in…
April 2, 2024
Canadian provinces and territories continue to swiftly legislate prompt payment requirements – though not all are taking effect quite so…
November 1, 2023
On October 13, 2023, the Supreme Court of Canada issued its judicial reference opinion: a significant portion of Canada’s federal environmental…
September 29, 2023
Updated February 28, 2025. On December 15, 2023, the Affordable Housing and Groceries Act became law, giving developers of specific types of…
April 12, 2023
The Supreme Court of Nova Scotia has made it clear that, while the burden is high, pre-emptively vacating or discharging a builders’ lien is a…
March 16, 2023
Updated Feburary 9, 2024. On January 1, 2023, the Prohibition on the Purchase of Residential Property by Non-Canadians Act and accompanying…
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…
November 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…
September 9, 2021
Updated February 28, 2024. The New Brunswick Construction Remedies Act substantially came into effect on November 1, 2021, and took full effect…
January 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).…
February 4, 2020
Canada’s construction industry is abuzz with the latest innovation in lien legislation. Prompt payment requirements are being added to…
October 17, 2016
McInnes Cooper is honoured to be awarded the Bowman Award from the Construction Association of Nova Scotia representing our 25 years as a…
June 30, 2016
The condo real estate market, both retail and commercial, is hot. But condo developers and unit buyers need funding. Here’s the legal foundation…
May 10, 2016
On May 6, 2016, the Supreme Court of Canada generally affirmed the common law rule that positive covenants do not run with the land. More…
May 2, 2016
Updated October 4, 2023. Workplace accidents regularly lead to charges under occupational health and safety (OHS) law. These charges can be…
March 24, 2016
When a business responds to a public sector Request for Proposal or Expression of Interest (both of which we’ll refer to as an RFP for these…
March 9, 2016
On January 11, 2016, the Ontario Superior Court of Justice sentenced a front-line supervisor to imprisonment for 3½ years for four counts of…
June 25, 2015
Updated October 4, 2023. Most people know a company itself has occupational health and safety (OHS) obligations and risks corporate liability if…
May 25, 2015
We updated this publication on July 21, 2022. Every party to a Right of Way has some idea of what that Right of Way is – but many times, those…
March 3, 2015
Snow can be a big nuisance at this time of year, but snow load – the weight of the snow, usually measured in pounds per square foot – can be…
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