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Construction and infrastructure law is becoming more and more important in Canada and Quebec due to the start-up of large construction projects. Construction is also one of the most regulated industries, hence the importance of hiring skilled and efficient legal counsel.

We believe that what distinguishes great lawyers from good ones is the variety of cumulated experience over time in a diversity of high-profile subject matters both from a legal and business standpoint. We are distinguished by our creativity and our ability to manage large, complex files to which we quickly bring the necessary human and technical resources: legal assistants, computer support and constantly updated, highly advanced databases.

For each mandate, our goal is to provide high calibre service at a fair cost while ensuring the greatest level of professionalism. We reach this goal by using necessary resources efficiently, selecting from our team members the best qualified lawyers in the circumstances to do the particular work, and by maintaining regular contact with our clients to advise them and keep them informed, and by carrying out each of our mandates according to the timeframes and constraints involved.

To offer our clients high-quality full service, the Montréal Construction Group is multi-diciplinary and offers its clients diverse resources, relying on specialized lawyers in the litigation, finance, real estate and tax sectors.

Litigation

We recognize that most clients wish to avoid litigation, and therefore provide our clients with strategies on how to operate effectively to avoid litigation. However, in cases where litigation cannot be avoided, our litigators use their talents aggressively and effectively to protect the rights of our clients, and our determination, creativity and ability to manage large and complex files is recognized in the industry.

We act for owners, real estate developers, consultants (engineering and architecture firms), and contractors before all judicial bodies (civil and arbitration) for all types of disputes (civil, contractual or labour relations) that may arise during the pre-contractual or contractual phase, when setting up financing, during construction or once a project is completed.

Members of our group have developed an in-depth understanding of the regulatory framework governing the sector at both the federal and provincial levels. We are capable of acting in regulatory proceedings before administrative bodies, including energy regulators, oil and gas regulators, municipal boards, administrative tribunals and commissions of inquiry.

Financing

In our diversified practice of business financing, we have developed skills in construction financing, which we have applied in a large number of construction and development projects in the industrial, commercial (retail and offices), institutional and residential areas.
In a field of practice characterized by very short deadlines and sometimes highly complex financing packages, our negotiating talents, in-depth knowledge of financial products and ability to bring creative and practical solutions are why our firm is sought-after for a broad range of financial transactions in Canada and elsewhere.

Real Estate

The construction-related services we offer include the following, which involve commercial, industrial and residential construction projects, as well as public utilities (electricity, gas, cable):

  • negotiation, drafting and revision of various types of construction contracts, professional services and management contracts;

  • negotiation, drafting and revising of financing and security documentation;

  • negotiation, drafting and revising of emphyteusis, superficies, co-ownership, servitude, use of public land and lease contracts; and

  • counsel respecting municipal by-laws and, in particular, zoning, variances, sub-division, assessments and real estate taxes.

Tax

Careful tax planning meeting a client's needs can make a difference to the success of a project. Tax is therefore an important service in the Montréal Construction Group. Our specialists help choose the most appropriate legal vehicle (corporation, partnership, joint venture, trust, etc.) depending on the project and the applicable financing in order to minimize income tax, tax on capital, consumption tax, real estate tax, transfer tax, etc.

We have developed several restructuring techniques which allow the consolidation of results from a tax point of view between different affiliated entities. Also, our specialists are at the forefront of syndication and public financing methods, such as income trusts, applicable to national or trans-border transactions.



practices  
Related Practices
Contacts
Key Contacts

Montréal:
Erik Richer La Flèche
Éric Mongeau
Charles Nadeau
Claire Zikovsky 

Toronto:
Jim Harbell

Calgary:
Michael L. Dyck
Michael Mestinsek
Greg Plater

Vancouver:
Ross A. MacDonald

Sydney:
Brian G. Hansen

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