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     Practice Areas

Property Insurance
Liability Insurance
Fidelity Insurance
Construction Insurance
Professional Lines
Excess & Reinsurance
Commercial Litigation

Construction Insurance

Since its inception, Halfnight & McKinlay has specialized in the varied litigation disputes that are unique to the construction industry. Built on a foundation of insurance expertise, our firm's activities in this area have branched into a wide variety of advice and representation for both insurers, owners and contractors alike.

First-party property insurance disputes, often involving builder's risk coverage, have given rise to increasing demand for quality legal representation to handle this complex field of commercial insurance. Our firm has developed extensive expertise in this area, especially in the issues of overlapping insurance coverage and the interpretation and application of covenants to insure in construction contracts. For example, our case of Madison Developments Ltd., et al v. Plan Electric Co. (1997, Ont. C.A.) has been and remains the leading authority on the interplay between different coverages in the context of construction contracts and agreements to insure.

Accident-related cases involving liability and damages disputes between owners/developers and contractors present particular litigation challenges which are often dealt with under CGL or wrap-up liability coverages. Such challenges include the need to sort-out complex contractual and performance duties, the efficient handling of large volumes of documents (often through computer-based imaging, OCR and search tools), dealing with protracted discoveries in a cost-efficient manner, and the conduct of lengthy trials. Assembling the required evidence, particularly expert evaluation and opinion work, is especially challenging. Our clients are pleased to have the firm's experience and proven capability to rely on in handling such cases.

Halfnight & McKinlay is also experienced in non-insurance construction disputes, ranging from mechanics' lien actions to contract performance and default litigation. Construction-defect litigation has been another active area in recent years. To a significant extent, traditional Court litigation has given way to the arbitration process mandated by many construction contracts, and our firm has developed the expertise to handle such complex arbitrations.

Regardless of the type of construction disputes,Halfnight & McKinlay's proven experience and abilities will assist in producing a cost-efficient and favourable resolution to our clients.