Lexpert Special Editions

Special Edition on Infrastructure 2016

The Lexpert Special Editions profiles selected Lexpert-ranked lawyers whose focus is in Corporate, Infrastructure, Energy and Litigation law and relevant practices. It also includes feature articles on legal aspects of Canadian business issues.

Issue link: https://digital.carswellmedia.com/i/712992

Contents of this Issue

Navigation

Page 25 of 39

26 LEXPERT | 2016 | WWW.LEXPERT.CA Martins, Manuel A. Gowling WLG (519) 575-7542 manuel.martins@gowlingwlg.com Mr. Martins acts for and advises owners, investors and lenders in the renewable energy and infrastructure industry including purchase, sale, leasing and financing transactions. He is also the leader of Gowling WLG's Real Estate Practice Group in Canada. Martin, Steven R. Davies Ward Phillips & Vineberg LLP (416) 863-5572 smartin@dwpv.com Mr. Martin acts on P3, property development, project financing and JV projects in Canada and the US, and has extensive experience in the social and transportation P3 sectors. He has led transactions that include hospitals, bridges and courthouses. Martin, Karen Dentons Canada LLP (604) 691-6455 karen.martin@dentons.com Ms. Martin's practice focuses on avoiding and resolving disputes on construction, infrastructure and PPP projects. She advises on risk minimization during procurement and construction, and acts as counsel in mediations, arbitrations and litigation. Manzer, Alison R. Cassels Brock & Blackwell LLP (416) 869-5469 amanzer@casselsbrock.com Ms. Manzer's practice covers a broad range in the financial services sector, including financial institution regulation, corporate & commercial lending, asset-based financing, securitization and structured finance, private- equity, project finance, asset finance and leasing, business reorganization and syndicated lending. A significant part of her practice involves multi- jurisdiction transactions. Mantini, S. Paul Bennett Jones LLP (416) 777-4837 mantinisp@bennettjones.com Mr. Mantini practises public infrastructure, commercial real estate (with an emphasis on project finance), corporate/commercial (with an emphasis on lending and secured transactions) and gaming law. His experience encompasses some of Canada's largest projects, including Toronto Waterfront Revitalization, Niagara Fallsview Casino and MaRS Discovery District. Maguire, Patrick T. Bennett Jones LLP (403) 298-3184 maguirep@bennettjones.com Mr. Maguire's practice spans all areas of commercial energy law including energy project and infrastructure development, joint ventures and asset and share sales. Most recently, he has been particularly active in connection with the development, sale and use of pipelines, gas plants and related energy infrastructure. LEXPERT-RANKED LAWYERS the parties can't know for sure what type of soil will be underneath the project. A geotechnical engineer will drill bore holes around the site but there is never perfect knowledge of what is beneath the ground. Almost every project runs into unexpected soils, either contamination or a different calibre of soil, e.g., silty soil, which needs to be replaced with sand or grav- el. Historically, contracts allocated all the risk for soil problems to the contractor, but recent contracts try to balance the risk more fairly by saying that a "reasonable and prudent contractor," by reading the soils report, should have known bad soils were there. In the case of transit infrastructure projects, the sin- gle biggest issue that may arise is the presence of utilities. "If you're digging a subway tunnel, then sewers, gas con- nections and fibre-optic cable may have to be moved," says Ackerley. "e contractor typically doesn't have influence over those utilities and yet is expected by the owner to work with them to get these service connec- tions out of the way. at's a recipe for real challenges." "[P3] projects tend to be more complex and large in engineering terms so there is more potential for issues to arise but, given the contractual provisions in many of those … projects, I would say the potential for litigation [in Canada] has actually decreased." - Sharon Vogel, Borden Ladner Gervais LLP

Articles in this issue

Links on this page

Archives of this issue

view archives of Lexpert Special Editions - Special Edition on Infrastructure 2016