Heal & Co. LLP is a law firm whose members are experienced in the professional liability defense of municipal, building, construction and design claims, and construction law matters more generally. The Firm’s founding partners have over two decades of experience in providing legal services to the construction industry.
The Firm’s lawyers have been actively involved in the construction industry and both Andrew and Cathy have actively participated in the Canadian Construction Association (CCA) for many years, and then actively involved in the Toronto Construction Association (TCA) for many years, including active membership in the Allied Professions Committee of the TCA. In addition to speaking and presenting at many construction industry events, the Firm’s lawyers are members of the National Construction Section of the Canadian Bar Association and the Construction Section of the Ontario Bar Association. Andrew Heal served on the OBA Construction and Infrastructure Law Section Executive from 2005 to 2013, and was Chair from 2012-2013, and currently the 2014 secretary of the CBA National Construction Executive, and conference chair. Cathy DiMarco is now a member-at-large of the OBA Construction Executive.
Construction Claims and Dispute Resolution
The Firm’s lawyers are experienced in dealing with the full suite of dispute resolution tools and managing and managing complex claims through to a successful outcome. The Firm’s members have been involved in all types of dispute resolution process including litigation, arbitration, mediation and negotiation of construction disputes and claims. The Firm has successfully brought lawsuits on behalf of owners, contractors, subcontractors, lenders and insurers, as well as successfully defended such claims, and acted as counsel in prosecuting and defending arbitration.
We frequently assist our clients in the drafting and negotiation of construction contracts. Such contracts include the many forms and variations of CCDC forms of construction contract, with or without supplementary conditions, licensing agreements, joint venture agreements, EPC contracts, various design services contracts, and supply services contracts, from small projects to large ones.
We frequently assist clients in matters relating to the procurement and tendering process. This includes assisting in advising on legal issues arising from the preparation of tender and bid responses, and in analyzing duties and obligations arising out of the tender and procurement process. We have advised industry associations, and tender calling authorities on such issues.
We assist clients in the development of risk management tools, and in implementing risk management strategies. We assist in the review and analysis of applicable insurance clauses, indemnity clauses and other contractual tools to minimize project risk, and maximize successful project performance and outcome.
The lawyers at the Firm have been involved in various matters relating to the acquisition, planning of, and the implementation of, construction projects and developments. Such assistance has included appearances before regulatory bodies to seek permissions to allow development and construction to proceed. The lawyers at the Firm have routinely appeared before municipal councils, and attended at Ontario Municipal Board hearings.
The lawyers at the Firm have actively defended municipalities, their employees and staff, and their professionals from claims relating to alleged errors and omissions relating to all aspects of the planning, development and construction process.
The lawyers at the Firm have been actively involved in many arbitrations and mediations, with a view to narrowing and resolving the issues in dispute as expeditiously and cost-effectively as possible. We do that by investing in technology, investing in human resources, and ensuring that there is proportionality between the dispute resolution process chosen, and the issues in dispute.