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Real Estate Development, Construction, and Infrastructure

Large infrastructure projects, property development and construction are often perceived as signs of economic growth.

Given the number of public and private players involved, success in these sectors requires a solid understanding of their unique risks as well as of the corresponding legal and business challenges.

Given the number of public and private players involved, success in these sectors requires a solid understanding of their unique risks as well as of the corresponding legal and business challenges.

BCF’s multidisciplinary team advises a variety of clients at every stage of a project, be it financing, contract negotiation, construction litigation, or managing public-private partnerships (PPP). We understand our clients’ business goals and act as facilitators, applying creative approaches to the realisation of their most ambitious plans. From the preliminary studies and design, through consulting and authorisations, to completion and operation, our team has advised special partners, real estate developers, consortiums, operators, lenders, creditors, investors, and governments on the most innovative projects of the past few decades.

Sub-industries

Sub-industries

BCF’s real estate and litigation teams represent private and public clients, general and special contractors, professionals, material suppliers, and manufacturers in a variety of construction matters.

Our team drafts and negotiates construction contracts, guides clients through tendering processes, runs compliance analyses and performance assessments, and completes equivalency applications. We ensure that licences and permits are obtained on time and that vested rights are protected. BCF‘s litigation team represents clients in a variety of construction-related claims such as construction and design defects, surety bonds, and tendering.

BCF represents developers, builders, lenders, and a variety of sub-contractors in the hospitality and tourist resort industry.

In addition to negotiating and drawing up the necessary tendering, construction, and financing documentation, our team of professionals advises on licences, permits, health and safety compliance, and other regulatory matters. Our team is well versed in condo-hotel and alternative ownership challenges and helps clients avoid the new set of risks that accompany these opportunities. Our litigation and dispute resolution team is well versed in defending claims ranging from breach of representations and warranties to hidden defects and regulatory infractions.

BCF represents contractors, government agencies, project sponsors, funds, and lenders on a variety of infrastructure projects.

We advise clients from the fields of transportation, energy, health care facilities, and communications as well as governments on privatisations, public private partnerships, alternative financing, and procurement projects. In addition to negotiating and drafting contracts, our team assists with project development and structuring, project delivery, risk analysis and management, transaction and project due diligence, and financing. We also structure infrastructure and investment funds. Our litigation and dispute resolution team represents clients in a variety of claims related to tendering, design defects, construction defects, and surety bonds.

BCF has a great deal of experience in deploying real estate networks through its understanding of vital operational issues which, for companies operating such networks, include the protection of rights of ownership, superficies and rights-of-way necessary to provide their services.

0ur clients, some of whom are at the forefront of the telecommunications sector in Canada, call upon the expertise of our real estate legal team to draft and negotiate permits, servitudes (easements), superficies and all types of agreements with land owners and third parties.

BCF represents developers, investors and lenders in real estate projects ranging from the development of vacant land or multiresidential and mixed-use projects to the purchase and sale of real estate portfolios.

Our real estate professionals structure purchase and sale transactions as well as sale-leaseback agreements, financings, and various holding vehicles such as co-ownerships, trusts, and partnerships. Our team of real estate professionals looks after every step of a transaction, from the negotiation of the purchase and sale agreement and lease agreement through due diligence, title searching and policy negotiations, to the drafting of acquisition and financing closing documents. We also advise on environmental and zoning matters, health and safety, as well as on other regulatory issues.

BCF counsels and advises clients such as developers, private investors, insurance companies, and pension funds, among others, on a variety of student residence projects.

We help ensure that these structures are not only affordable and accessible but, more importantly, safe. We structure and negotiate the various construction contracts as well as the management agreements with the universities to which the residences are connected. Our professionals look after every step of a project, from its design through to due diligence and the drafting of closing documentation. BCF’s litigation and dispute resolution team intervenes rapidly to defend clients and resolve disputes linked to matters such as tendering, latent, construction, and design defects, permits and other regulatory matters.

BCF advises public and private project developers, sponsors, and investors on long-term, intermediate, and family-type elderly care facilities.

We draw up building and maintenance contracts in compliance with the various health and safety regulations that are specific to elderly care. We also help design and implement codes of ethics and operating procedures. Our corporate finance team negotiates and drafts the various financing and investment agreements necessary to build the care facilities and our employment team helps train employees on the specificities of caring for the elderly. In addition to representing clients in a variety of construction claims, our litigation and dispute resolution team defends them in the event of investigations and inquiries.