What are the biggest legal mistakes developers make—and how can you avoid them before they cost hundreds of thousands of dollars?
In this episode of the RMS Real Estate Development Podcast, Curtis Way is joined by construction lawyer Bryan Kwan, Partner at MacLennan Ross LLP, to explore the legal side of commercial real estate development.
From construction contracts and change orders to builders' liens, litigation, arbitration and project documentation, Bryan explains how legal decisions made before construction begins can determine whether a project runs smoothly—or ends up tied up in years of costly disputes.
The conversation provides a practical look at how developers, contractors and owners can better allocate risk, manage contracts and avoid common pitfalls throughout the construction process.
In this episode you'll learn:
- The difference between fixed-price and construction management contracts
- How CCDC contracts allocate risk between owners and contractors
- Why supplementary conditions can dramatically strengthen a construction contract
- The most common causes of construction litigation
- How poorly managed change orders lead to expensive disputes
- Why documentation can make or break a legal case
- What construction liens are and why they stop financing immediately
- How lien claims are removed from title
- What every developer should know about Alberta's Prompt Payment and Construction Lien Act
- Why construction lawsuits often take years to resolve
- The advantages of mediation and arbitration over traditional litigation
- Why investing in legal advice early can save enormous costs later
Bryan also walks through Alberta's construction litigation process—from statements of claim and document discovery to examinations, mediation and trial—giving listeners a realistic understanding of what happens when projects end up in court.
One of the key themes throughout the discussion is that the best legal strategy is prevention. Well-drafted contracts, clearly defined scopes of work, disciplined documentation and experienced advisors dramatically reduce the likelihood of disputes and improve outcomes when disagreements do arise.
To learn more about the RMS Group, please visit:
https://rms-group.ca/This series was produced by Road 55 in Edmonton, Alberta – Learn more at:
road55.caWhat is Real Estate Development: The Curtis Way?
Ever looked at a vacant piece of land and wondered how it becomes an apartment building, shopping centre, or thriving commercial property?
Join the team at RMS Group as they pull back the curtain on the world of real estate development. Through conversations with developers, investors, lenders, brokers, lawyers, property managers, and construction professionals, we'll explore the wins, the mistakes, the risks, and the opportunities behind every project.
From proformas and financing to market cycles, approvals, construction and property management, this podcast is designed for aspiring developers, experienced investors, and anyone interested in how great real estate projects get built.
Real stories. Real deals. Real lessons from the people doing the work every day.