Building Tomorrow: Advancing Expertise in Construction Law at OsgoodePD

Today’s world is constantly being reshaped by the massive, yet often unseen, pressures of expansion and development. Huge projects ranging from the skyscrapers that define our urban centres to the vital infrastructure that powers our daily lives, construction law touches nearly every aspect of our economy, our communities and our future as a society. Yet, beneath the concrete and steel lies a complex network of legal intricacies that demands highly specialized expertise. This is precisely why Osgoode’s Professional LLM in Construction Law was created – to serve as an essential program conceived in response to critical industry needs.

At the forefront of the Program Co-director Professor Janet Walker CM, who, together with Andrea Lee of Glaholt Bowles LLP has developed this unique offering. Professor Walker’s extensive experience in commercial dispute resolution, and notably in the area of construction disputes, makes her an indispensable architect of the program. As she emphasizes this area is “distinct from typical transactional disputes,” which form the vast majority of commercial disagreements. While transactional disputes typically concern a one-off exchange of goods or services, construction disputes involve complex, unfolding projects, requiring a nuanced understanding of how the issues arise and are managed, from low-level disagreements to large-scale conflicts at the project’s culmination. Her primary contribution to the program lies in this vital area.

Her background in private international law and international commercial arbitration enriches her approach, providing a crucial perspective for navigating cross-border projects. Professor Walker highlights the complexities that arise when international designers or suppliers are involved; for instance, raising questions about whether they must meet the standards of their home country or the project’s location. She further points out the challenges in determining applicable law when goods, such as concrete and steel, are supplied across borders, making dispute resolution particularly intricate. These bespoke aspects of construction projects require careful planning at the outset and expert resolution at the backend. The Professional LLM in Construction Law maintains its international perspective through a unique teaching model, engaging both Canadian and international specialists to ensure that students are at the “forefront of the field” globally.

Professor Walker firmly believes that “lawyers aren’t the only experts”. She champions a collaborative learning environment that deeply values the practical knowledge of everyone on the project, leveraging all aspects of technical expertise. This perspective ensures that the program extends beyond traditional legal boundaries, incorporating real-world project dynamics and enabling a more practical, rather than purely theoretical, understanding of the field.

A Program Built on Unmet Need: Why Construction Law is More Crucial Than Ever

The genesis of the Professional LLM in Construction Law was a “significant unmet demand” for knowledgeable professionals in the field. Canada is experiencing a growing number of infrastructure projects, creating an urgent need for individuals capable of managing contracting, procurement and dispute resolution. This demand is exacerbated by the scarcity of dedicated construction law courses at the undergraduate or law school program level.

Professor Walker powerfully articulates that construction law deals with real things. She explains, “Construction law deals with real things that profoundly impact people’s lives; whether it’s a building that didn’t get built, one that wasn’t safe, or critical infrastructure like a subway line project that faces significant delays”. This translates into coursework that is far less abstract than many other legal fields and has a direct, tangible impact on people’s welfare and progress.

The Professional LLM in Construction Law proudly stands as the first full-fledged LLM in construction law in North America, a truly pioneering status. One of its most exciting and distinctive strengths is its multidisciplinary and collaborative learning environment. The program brings together a diverse student body, comprising not just lawyers, but countless other types of professionals including engineers, accountants and project managers.

Professor Walker notes: “One of the most exciting aspects of our program is its truly multidisciplinary learning environment. We bring together lawyers and project professionals from a wide range of fields to enable students and instructors alike to learn from everyone. This fosters a rich collaborative experience that moves beyond lawyers simply talking to lawyers, which is crucial for comprehensive understanding in this field.”.

This holistic approach equips lawyers with more than just technical legal knowledge; it provides them with a full grasp of the business relationships making up construction projects, offering essential practical insight. This comprehensive understanding is highly useful and particularly beneficial for counsel or arbitrators; equipping them with insight into each commercial relationship within a construction project. The program offers a unique teaching model, with virtually every course having two main instructors, one from Canada and one from another region. This innovative approach ensures that students benefit from both domestic and international perspectives, keeping them at the forefront of the field globally.

Lawyers graduating from this program are uniquely positioned to provide positive input into the entire building cycle. Professor Walker elaborates, “By improving contracting forms, enhancing efficiency and ensuring effective dispute resolution – we help ensure that projects run smoothly, attract investment, and ultimately help to improve infrastructure and address critical needs from housing to energy transformation”. For example, she highlights the importance of innovations like prompt payment legislation in Ontario, which mandates fast adjudication to prevent projects from stalling when payment disputes delay contractors’ ability to pay their workers.

Career Impact and Growth: Joining a High-Demand Field

Construction law is a rapidly growing field in Canada, with both boutique firms and major national firms expanding their practices. Professor Walker points out that Canada already has well-established boutique firms dedicated exclusively to construction law, while national firms are increasingly building their own construction practice groups. This growth signals promising opportunities for future graduates.

Beyond individual career advancement, construction law plays a critical role in societal advancement. As Professor Walker points out, it is instrumental in addressing global challenges like climate change through the transformation of energy infrastructure. It also contributes to improving public welfare by ensuring housing standards, safety and the efficient delivery of essential infrastructure.

Professor Walker envisions the program as having the potential to become a “centre of excellence” with substantial national impact and beyond, akin to leading global programs. OsgoodePD, with its outward-looking and welcoming nature as a law school, is an ideal place to foster such growth and development, attracting diverse perspectives and contributing to global infrastructure advancements through its graduates.

Osgoode’s Professional LLM in Construction Law offers a unique opportunity to join a dynamic, impactful and rapidly growing field. Through its multidisciplinary approach, global perspectives and focus on practical application, it equips professionals with the knowledge and skills needed to make a tangible difference.

As Professor Walker articulates, “Our program ensures lawyers understand not just the technical legal side, but the entire business cycle of construction projects. This allows them to provide positive input,  improving efficiency and dispute resolution, which is vital because, in construction law, we deal with real things that profoundly impact people’s lives and our nation’s future”.

By contributing to the critical infrastructure that shapes our world, graduates can find a profound sense of pride and a long-term vision for societal betterment.