Services

Overview

We are happy to assist clients in many aspects of contractual risk management for commercial deals. This can range from strategizing, planning, developing protocols and pre-contract risk management tools, training, to drafting, reviewing, and negotiating contracts. We take particular pride in helping clients gain the tools and confidence to empower you to take your deals as far as you can without needing a lawyer. And then, when you do need a hand, we hope you will spend your precious legal budget asking us the hard questions.

For general corporate and litigation matters, we are happy to refer you to peers who specialize in those areas.

Explore by Task

Design. Our design services are particularly suited for clients who repeatedly enter the same type of agreements to purchase or sell a particular type of good or service. Constraints can be rich grounds for innovation.
Review. Sometimes timing, budget, or an imbalance in leverage means you have limited ability to negotiate. Our review services can help you understand the agreement and its legal lingo so you can make an educated assumption of risk and plan practical risk mitigations.
Negotiate. We love to roll up our sleeves and draft. Ask us about our experiences negotiating indemnity and limitations of liability.
Train. Sometimes all you need is some background information. We love curious clients. Reach out about a seminar on design thinking, or recent changes to CCDCs and the Ontario Construction Act.

Explore by Industry

Construction. We have supported clients with hundreds of construction projects. We review, prepare, and negotiate project agreements for public and private owners, tenants, developers, contractors, and subcontractors on routine and bespoke agreements in residential and commercial real estate, energy, manufacturing, health, education, and beverage industries. Ask us about our experience with the CCDC, CCA, OAA, and RAIC forms, and their respective supplementary conditions.
Technology. We have advised public and private customers and service providers in financial services, telecommunications, and e-commerce sectors on licensing, SaaS, IaaS, and development agreements for discrete solutions procurement, digital transformations, and outsourcings.
General Commercial Contracting. We have assisted clients on a variety of general commercial contracts including non-disclosure agreements, master services agreements, and supply agreements.

Representative Work

We regularly advise developers, contractors, suppliers, and public and private owners on the procurement, negotiation, and termination of major construction and technology projects. Explore some examples of our past commercial deals below, sorted by industry.

Construction

Advised a multinational beverages producer on its construction and supply agreements for its flagship manufacturing and bottling facility in Ontario, valued at $85 million CAD
Advised a national food manufacturer on the renovation of its production facility in Ontario valued at $100 million CAD
Advised a national beverages manufacturer on the resolution of technology implementation change orders in respect of the construction of its distribution facility in Quebec
Advised the design-build contractor on dozens of design subcontracts for a subway extension project in British Columbia valued at $1 billion CAD
Assisted an international consortium of nuclear vendors with contract review and compliance research during procurement process for Canadian federal nuclear operation and management (O&M) project
Prepared suites of precedent construction and design agreements for developers, universities, and municipalities
Advised international clean tech vendor with contract review and compliance research during procurement processes for Canadian regional and municipal waste treatment facilities projects
Advised an international nuclear vendor on the drafting and negotiations of engineering, procurement, and construction (EPC) and O&M agreements for a nuclear new build project in the Middle East

Technology

Advised an Ontario public sector entity on a complex IT outsourcing agreement valued at approximately $300 million CAD
Advised an Ontario public sector entity’s termination of a strategic joint venture agreement in respect of a joint real estate technology development and commercialization initiative
Advised an Ontario public sector entity’s termination of an IT outsourcing agreement
Reviewed and analysed an Ontario public sector entity’s suite of major or sensitive technology agreements as part of an internal IT audit, and provided recommendations and best practices for future agreements
Advised leading Canadian telecommunications client on software licensing and SaaS procurement agreements for Internet of Things applications
Advised Canadian national brick and mortar retailer on its procurement of Canadian and American service providers, consultants, and resellers to establish its domestic IT infrastructure and e-commerce platform
Advised a leading Canadian online marketplace on domestic and cross-border SaaS, licensing, development, reseller, and outsourcing agreements