Navigating project disputes | Torys LLP

Navigating project disputes

Though major projects are conceived of and developed with all the best intentions, disputes—both seen and unforeseen—can crop up at any point in a project’s lifecycle.

Featured video: Applying a litigation lens from the outset of a project

In this series, our Project Litigation team walks project proponents though some of the most common causes of litigation associated with major projects, offering insights not only into how to handle litigation when it arises, but how to best position projects in advance to effectively anticipate and respond to disputes.

By considering all possible avenues of dispute risk from the outset of a project, proponents can minimize the impact and duration of litigation related to plans and permits. Dennis Mahony and Jon Silver explain how to apply a “litigation lens” to major projects to mitigate legal risk and expedite project development.

Click here for a transcript.

Also in this series

Obtaining permits and approvals

Opponents can offer up court challenges to major projects even after the regulatory review process.

Special considerations for disputes with host governments

Resolving disputes on international projects requires a proactive approach that includes a view to international investment treaty planning.

Managing those E’s and O’s: construction defect claims

Manage construction defect claims by putting safeguards in place well in advance of litigation.

Resolving disputes with Indigenous partners

Early relationship building and consultation can help lead to smooth, successful projects located on or near traditional Indigenous territories.

Supervening events: preparing for the worst

By codifying project partners roles and responsibilities for unforeseen events over which they have little control, project partners can prepare for any eventuality.

I’ll see you in… interim non-binding ADR!

Articulating non-binding interim adjudication provisions in project agreements can help expedite the build phase and bring major projects to completion.

Damages in construction contracts: pitfalls and how to avoid them

Control common pitfalls on major projects by drafting contract exclusion clauses, contractual notice requirements and contractor claims caps into project agreements.

Protections in international projects

Identify preferred dispute resolution forums before disputes arise to help international projects stay on time and on budget.

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