Infrastructure and Construction
Our expertise
Woods brings a breadth and depth of expertise to the resolution of large-scale construction, infrastructure, and real estate disputes. Our ability to grasp the commercial and technical issues of projects enables our seasoned litigators to strategically manage cases and to act as both plaintiffs and defendants to assist our clients in achieving successful outcomes.
Whether negotiating settlements or litigating in court, Woods acts diligently and efficiently to defend clients’ interests. Our professionals have acted in public-private partnerships, construction and infrastructure projects, as well as various real estate projects, where they represented and are representing, as the case may be, all stakeholders, such as owners, developers, builders, general contractors, sub-contractors, consultants, professionals, service providers and owners.
Representative Work
Multiple proceedings, mostly in arbitration
Acting for the constructor (joint venture of two multinational corporations) of the CHUM mega-hospital in dozens of contractual disputes (as plaintiff and defendant’s counsel) against entities such as the facility manager, the owner of the project, and various professional consultants and suppliers. Such disputes involve issues concerning project certification, alleged defects and remedial works, security packages and construction liens, as well as associated penalties, deductions, and contractual claims.
Multiple proceedings in arbitration
Acting for the constructor (multinational corporation) of various power plants and installations in several contractual disputes (in ICC mediation and arbitration, past and present) against suppliers and subcontractors for projects in Québec (public contracts) and in Newfoundland and Labrador (public-private partnership), including, for cost-overruns, project delays, defects, and remedial works.
Mediation and arbitration proceedings
Acted for an international software company in a contractual dispute (in mediation and ad hoc arbitration) regarding architectural and engineering software to be used by the constructor of a light-rail project under a public-private partnership.
HRM Projet Children Inc. v. Devimco Immobilier Inc., 2020 QCCA 1123
Obtained for Devimco, one of Montreal’s largest real estate developers, a mandatory interlocutory injunction order in a project valued at $400M on the former site of the Montreal Children’s Hospital.
Syndicat demandeur dans Syndicat des copropriétaires de Vue phase I et II v. Développement Vue phase I Inc., 2020 QCCS 2148
Obtained a precedent-setting damage award of approximately $4M to remedy defects in a building and to compensate for other damages suffered by the Syndicate and 126 co-owners.
Construction G.M.R. Inc. v. Michon, 2017 QCCS 5081 and Michon v. Dallaire, 2019 QCCA 554
Obtained for Développement Rescom and its administrator the dismissal by the Superior Court of Quebec and the Court of Appeal of a principal action in professional liability in relation to the management of the deposits of certain purchasers in a real estate project for the construction and sale of condominiums and an action in warranty in the event of a potential conviction in the principal action.
Invenergy Wind Canada llc v. Éolectric Inc., 2019 QCCA 1073
Obtained dismissal of the appeal against our client, Éolectric. The dispute pertained to the compensation that Éolectric was to receive under an agreement to prospect for sites for wind farms. The site proposed by Éolectric allowed Invenergy to bid on and obtain four lucrative electricity supply contracts from Hydro-Québec, thus allowing the realization of a wind farm and three expansions of the same.
Leisure Holdings Inc. v. 2781875 Canada Inc., 2019 QCCS 4831 et Leisure Holdings inc. v. 2781875 Canada Inc., 2022 QCCA 141
Acted with success at trial and on appeal for WSP Canada Inc. in an action brought on the basis of latent defects identified in a hotel complex, in a context where WSP Canada Inc. had acted as pre-purchase inspector.
Genivar Inc. and Dessau Inc. v. Québec (A.G.), 2011 QCCS 3802
Successfully acted for the Genivar-Dessau consortium before the Superior Court of Québec and the Court of Appeal in challenging a decision of the Québec Ministry of Transport (MTQ) rejecting our clients’ submission in the context of a call for tenders relating to an important construction project.
Les Structures Morel Inc. v. Placements 5000 Taschereau Inc., n. 500-17-065673-116 (S.C.), 500-17-064871-117 (S.C.)
Represented a private real estate group in an action against a builder and a project manager regarding remedial work, delays, defects, extras and penalties in the construction of a shopping centre. The case included penalties claimed by a tenant, which was a Crown corporation, for delays in the delivery of the premises.
SNC-Lavalin Inc. v. Acres International Ltd. et al., n. 500-11-017129-012 (C.S.)
Acted for Acres International Ltd. in an oppression action under the Canada Business Corporations Act in the context of a joint venture for the construction of two hydroelectric dams in India.
