Construction Litigation

Serving Alberta’s Construction Industry

Albertans take pride in building our province both above and below ground. At Carbert Waite LLP, we serve the people who make it happen. From the architects, engineers, planners, and developers who shape the project, to the material suppliers, construction managers, and trades who bring it to life, our experienced construction lawyers serve a full range of clients across construction sectors.

Construction Law Expertise

We approach construction matters by understanding the relationships, timelines, dependencies, and professional standards within complex construction projects. From the first CAD to the last weld, our lawyers are equipped to provide practical legal advice every step of the way. We combine extensive construction law experience with old fashioned hard work to protect our clients’ profitability and keep their projects on track.

When legal disputes emerge, our construction lawyers are prepared to resolve disputes as pragmatically as possible, using the legal tools best suited to the job — through negotiation, mediation, arbitration, and/or litigation. Completing successful construction projects requires anticipating problems and preparing alternative strategies to see the project through. Our legal work is no different.

Construction Law Services

  • Bidding, tendering, and other pre-construction matters
  • Builders’ liens
  • Building envelope claims
  • Contract disputes
  • Contract drafting and interpretation
  • Coverage advice on first party and third party insurance issues
  • Defective workmanship, faulty design, and product liability
  • Delay and cost overruns
  • Development disputes
  • Expropriation claims
  • Negotiating, preparing, and reviewing contracts
  • Occupational health and safety
  • Project strategy and risk analysis
  • Receivership, bankruptcy, and trust claims
  • Regulatory approvals

Builders’ Liens – Not Always the Best Remedy

Builder’s Liens are remedies meant to protect the interests of general contractors, subcontractors, material suppliers, or anyone else who provides goods and services to improve lands (“Contractors”).

Subcontractor Disputes under $50,000: Should I File a Builders’ Lien or Sue in Small Claims?

When it comes to construction projects, things don’t always go according to plan. This is especially true for residential property renovations. Unhappy customers often withhold payment, which is why contractors, subcontractors, suppliers and labourers can file a builders’ lien to get paid for the work they have done. By registering a builders’ lien, you register a legal interest against the property where the work was done or where the materials were supplied.

Don’t Take Their Word For It: Latent Defects And Why Disclosure Obligations Are Of Limited Value

Case-law is replete with examples of the application of the Latin doctrine caveat emptor (buyer beware) which in plain language means the purchaser is solely liable for determining defects upon purchasing property.

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