Construction Litigation

We are trusted advisors for developers, contractors, project managers, engineers, architects, sureties and financial institutions across Atlantic Canada on all facets of construction projects.

The Cox & Palmer team has significant experience in construction litigation. When issues arise, our litigation team is on hand to help resolve all manner of construction-related disputes, including:

  • Procurement issues
  • Environmental remediation
  • Liens negotiation and/or settlement
  • Expropriations
  • Claims analysis
  • Schedule and productivity analysis
  • Quantification of damages
  • Expert witness testimony
  • Crisis Management

As well, Cox & Palmer’s construction litigation team works alongside in-house legal counsel to provide assistance where needed, and can also provide mediation and arbitration services.

Articles & Insights

Change Afoot: New Brunswick’s Construction Remedies Act

New Brunswick’s Bill 12: Construction Remedies Act received Royal Assent on December 18, 2020, and the majority of its provisions came into force on November 1, 2021.  The new Act replaces the Mechanics’ Lien Act, SNB 1973, c.M-6. While the new Construction Remedies Act retains a number of the key elements of the  Mechanics’ Lien […]

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Force Majeure Clauses and the Doctrine of Frustration: Flattening the Liability Curve

As governments across Canada continue to impose restrictions on business and travel in an attempt to curtail the spread of COVID-19, parties to contracts, especially service or sale of goods contracts, may find it increasingly more challenging to complete their contractual obligations. In this context, it may be useful to review the legal concepts of force majeure and the common law doctrine of frustration to consider how each may apply in certain contractual relationships.

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