Take the first steps towards becoming a construction lawyer in Canada: from undergrad to law school to breaking into the industry. Find out more in this article
One of the stable and thriving industries in Canada is the construction and infrastructure industry, and there’s a constant need for construction lawyers. Becoming a construction lawyer is a complex process but is achievable for those who are determined.
This guide on how to become a construction lawyer in Canada can be used by current law students, those who are still in college, or even those who are at a crossroads if construction law is for them.
What is Canadian construction law?
Before discussing the pathway to become a construction lawyer in Canada, it’s important to first get a glimpse of what is Canadian construction law. This will also check your interest in these legal matters, to see if this industry really is for you.
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Construction law is composed of the different federal, provincial or territorial laws on the planning, design, and actual construction of infrastructure projects. It also regulates or even affects post-construction issues.
Legal practice areas related to construction law
Construction law in Canada, as with any other sections of the law, is related to other legal practice areas. Depending on one’s specific role in the industry, the practice areas that are related to construction law may include:
- laws on contracts
- property laws
- labour and employment laws
- alternative dispute resolution (ADR)
- tort law
- statutes on construction liens
- building codes and regulations
Although having a deep knowledge of these laws is encouraged, you may also select which of these are you specializing in. If you want to be a litigator, you may want to focus on contracts law, property law, and law on torts, aside from the rules on court procedures. If you want to be an arbitrator or mediator, you may also want to be an expert on the different ADR methods.
Some of the important statutes to learn if you want to become a construction lawyer in Canada are the provincial laws on construction liens. Know more about these construction liens, such as in Ontario, with this video:
More articles about Canadian laws on construction and building liens are found on our Real Estate page.
Laws on contracts
The Canadian law on contracts is a highlight in construction law. This is because the relationship between a project owner, a contractor or builder, a subcontractor and other parties is ruled by a contract. The agreed contract will usually outline the terms on:
- payment (e.g., amount, method)
- duration and termination of the project
- penalties and damages in case of breach of contract
Aside from the contract, there are also other legal documents that may affect the relationship between the parties in a particular project. Some examples are procurement documents such as:
- request for proposal (RFP)
- request for information (RFI)
- request for quotation (RFQ)
Building codes and regulations
Construction lawyers are expected to guide clients on complying with Canadian construction laws. Part of these laws are construction and building codes, and at the centre is the National Building Code of Canada (NBC).
Published by the National Research Council of Canada, the NBC is the model code for all other building codes across provinces and territories. Some used the Code as its basis for their own building codes, while others have enacted statutes which adopted the Code’s current version.
While these building codes are primarily addressed to builders and contractors, including their engineers and architects, it’s still part of the oversight of a construction lawyer. This goes back to the expectation that construction lawyers can help clients with their overall compliance with the law.
What are the steps in becoming a construction lawyer in Canada?
Here are the steps to become a construction lawyer in Canada:
- finish your bachelor’s degree
- take up the Juris Doctor degree
- do the articling and pass the bar exams
- work in the construction industry or any construction-related work
We’ll discuss each of these steps below.
1. Finish your bachelor’s degree
As a pre-requisite before you can enter law school, you must first finish your bachelor’s or undergraduate degree. Most law schools would require a three- or four-year degree, with some schools imposing certain conditions for those who have finished a three-year course.
At this early stage, your specialization in construction law may start right away. Since Canadian faculties of law do not require a specific degree as your pre-law course, you will have the liberty to choose which course would help you in your future career pathway. As such, your undergraduate degree can be one of your building blocks in becoming a construction lawyer, by enrolling in a related course.
Some examples of these construction law-related courses would be:
- engineering
- architecture
- construction management
2. Take up the Juris Doctor degree
The Juris Doctor (JD) is the program that you must take if you want to become a lawyer in Canada; in Québec, it would be the Bachelor of Laws (LLB) or Licentiate in Law (LLL). It’s the required degree that lasts up to three years, based on its curriculum.
Some faculties of law offer the JD program along with another degree, which are called joint or dual programs. It can be a JD program, plus another bachelor’s degree or another graduate program. An example of these joint or dual programs which can help you in becoming a construction lawyer is Western University’s Bachelor of Engineering Science and Juris Doctor program (BESc/JD).
To help you get started on your legal education, here’s a roadmap to studying law in Canada.
Admission requirements for law schools
When enrolling in a Canadian law school, you may be required to submit your GPA and/or LSAT score.
Schools that do not require a specific GPA cut-off and/or LSAT score may still encourage you to submit yours as part of their evaluation process. If your preferred law school does require an LSAT, ask them about the specific time that you should write the LSAT and how they treat multiple LSAT writings.
Know the different construction law schools in Canada and other important details about them, such as their admission processes and costs when studying.
Aside from the GPA and LSAT, most law schools would also require the following:
- application form, as provided by your law school
- personal statement and reference letters
- transcripts and other academic records from your undergraduate and graduate studies
For your 1L admission, make sure that you submit all these requirements on or before the set deadline of your chosen law school. These deadlines vary per school, per term.
Read our article on important law school requirements for an overview.
Extracurriculars and getting the important practical experience
Even if you just realized that you want to become a construction lawyer when you’re already in law school, there are still opportunities to help you in this one. You may join extracurricular activities that may not be about construction law but are related to this field of law.
Here are some suggestions:
- do research or intern for a professor
- join forums, panels, and other social events
- become a member of law school organizations or clubs
- volunteer at the school’s legal clinic or non-profit organizations
- participate in any writing opportunity, in and out of the law school
In addition, during summer or when doing on-campus interviews, you may also want to apply to law firms or lawyers who focus on construction and infrastructure issues. All of these are worthwhile experiences that will add to your academic success for future employment purposes.
Here’s our OCI survival guide to help you prepare for on-campus interviews.
3. Do the articling and pass the bar exams
After finishing your JD degree, the next part of becoming a construction lawyer that you would have to hurdle is to do the articling with a law firm and writing (and passing) the bar exams.
Articling means working for a licensed lawyer, judge, or a law firm. It may also be done with a government agency, or with private entities, such as an in-house legal department. It is for a specific period which ranges from eight months to a year, depending on what is required in your province or territory.
Along with the requirement on articling, you will have to write and pass the bar examinations, which are administered by the law society of your province or territory. As for when to take the exam, check with your law society as this might coincide with, or may be allowed before, your articling period.
After successfully finishing these two, you’re now officially admitted to the bar. Becoming a construction lawyer in Canada is within reach! Your next step: finding a job as a lawyer.
4. Work in the construction industry or any construction-related work
After becoming a lawyer, you can then focus on a workplace where you can practice construction law, or its related legal areas:
- for the government: work for regulators, adjudicators, and other administrative bodies concerned with the infrastructure industry
- in the private sector: work in law firms specializing in construction law, or be part of an in-house legal department of a construction company
These workplaces are also not entirely exclusive. For instance, if you’re working for a private firm doing construction law, you may also be involved in policymaking through invitations from the government.
Even a lawyer who has not devoted themselves to practicing construction law may find themselves in it at some point. For example, a civil litigation lawyer may come across a client who is engaged in the infrastructure industry.
Optional: taking up a graduate degree in construction law
As your career as a construction lawyer progresses, gaining additional academic experience may also be beneficial. When the time is right, you can consider enrolling in a master’s degree (LLM) focused on or related to construction law. Here, you can prioritize your specialty, such as a specific area within Canadian construction law.
In a recent article by @Lexpert, Ryan Chalmers, Co-Practice Group Leader of the firm's Construction Group, discusses the state of the #construction industry post-pandemic and the implications for lawyers in the space.
— Aird & Berlis LLP (@AirdBerlis) December 18, 2023
Read the full article here: https://t.co/InejowLpTW pic.twitter.com/axmhHUdZFN
To help you in your journey of becoming a construction lawyer in Canada, check out our directory of Canadian law schools. The list is arranged per area and includes some basic information on entry requirements and fees.
What is the job of a construction lawyer?
When construction lawyers work for private entities, such as project contractors or infrastructure firms, their responsibilities may be broken down into:
- corporate business: construction lawyers help draft, review, and negotiate contracts, conduct risk management for projects, or even close a project
- compliance: construction lawyers help their clients comply with the necessary permits so that their clients can do business, or continue doing business
- litigation or ADR: when conflicts arise where their clients are involved, construction lawyers engage either in litigation or any of the ADR methods to resolve these conflicts or claims
What are the key skills that construction lawyers must have?
Although each lawyer would have their own set of skills, there’s some commonality when it comes to specific legal area, such as in construction law. At the minimum, here are some key skills you will want to develop if you want to become a construction lawyer:
Knowledge of the industry
Aside from knowing construction law in general, a construction lawyer must also refine their knowledge of the construction and infrastructure industry itself. Part of this is learning about specific legal documents that apply to these projects and the practical workarounds in the lifetime of a project.
Another important skill is attention to detail, as a construction lawyer specializing in ADR pointed out.
Collaborative and adaptable
Legal construction issues can be complicated, and being able to collaborate with other professionals and adapt to the situation is important. On top of this, construction issues involve a lot of different parties, which a construction lawyer may represent.
In one case, they may be working for a subcontractor; in another case, they are representing the owner of the project. Construction lawyers must be versatile to every situation, and whatever the situation calls for.
Legal research and writing
Becoming a construction lawyer also means honing your research and writing skills, as these will come in handy when preparing court documents for litigation or drafting contracts for your clients.
Becoming a construction lawyer: a blueprint for success
As with any hard project, becoming a construction lawyer needs hard work and perseverance, especially when learning about the law related to construction. Aside from having the right resources, preparing yourself before launching on your plan is equally important. With the proper materials and knowledge of the law, becoming a construction lawyer is truly possible.
If you’re interested in becoming a construction lawyer, what part of the job excites you the most? Let us know in the comments.
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