The private power industry is not merely just a different type of construction. Power projects involve complex, integrated agreement structures that have to balance all the elements of an industrial construction project — from project financing through to commissioning and operations. Assistance with contractual structuring may be required at all or any one of a variety of phases: fuel purchase, power sales, development, design, bonding, procurement and construction. Problems can occur on all projects.
Combining our experience on turnkey gas and biomass fired co-generation projects with our advocacy experience gives our clients the benefits of both when they face a dispute that requires resolution on one of their power projects.
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Representation
The representation of owner/developers, EPC contractors, subcontractors and equipment suppliers.
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Co-generation projects
Turnkey gas fired and biomass co-generation projects, on a start to finish basis.
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Project specific dovetailing
Development, EPC, construction and procurement contracts to ensure project specific dovetailing and allocation of obligations and risks.
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Problem resolution
Resolution of insurance claims and day-to-day advice with problem resolution during construction, commissioning and operating phases.
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Claims
Assist our clients with presentation and response.
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Preliminary development
Experience with preliminary development and project viability contract phases.
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Agreements
Supply and subcontract agreements.
Other Practices
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Construction Claims
I recognize that construction claims differ from other types of commercial and contract disputes due to the unique nature of the construction industry.
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Litigation & Advocacy
I represent clients at all levels and types of proceedings, including tribunals, mediations, arbitrations, proceedings under the Contruction Act, the Superior Court of Justice and the Ontario Court of Appeal
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The Construction Act
The Construction Act establishes a system of lien and holdback rights, as well as trust provisions to provide protection to the individuals who supply services and materials to construction project.
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Contract Drafting & Review
The vast majority of disputes that arise in the construction context can be traced back to the terms and conditions of an underlying construction contract.
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Bidding & Tendering
The obligations of a tender authority in the administration of a tender process have become better, and less understood over time.
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Maintenance Contract Issues
Contractors and subcontractors who provide maintenance services are faced with obligations, client relationships and contractual pitfalls which are unique to the work they perform.
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Building Code & Zoning
Changes to the Ontario Building Code and the amalgamation of a number of municipalities have changed the way the OBC and zoning processes impact construction on a day-to-day basis.
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Mediation & Arbitration
Mediation/Arbitration, is a process by which parties work to resolve disputes through mediation and arbitration, either with an individual or a panel of individuals who are neutral in position to the matters at issue.
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