Claude Morency | Fraser Milner Casgrain LLP

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Claude Morency LL.L., Managing Partner, Montréal

Claude Morency has been the managing partner of the Montréal office since 2007. He practises mainly in corporate, commercial and construction litigation. He represents owners, developers, general and specialized contractors, sub-contractors, suppliers and equipment manufacturers, as well as financial institutions and other lenders in negotiations and mediations, and represents them before arbitration and judicial tribunals. Claude also has extensive expertise in shareholders' and corporate law, and regularly counsels clients in both of these areas.

Claude has vast experience in drafting and reviewing contracts, and in the prevention and resolution of construction litigation. He has been involved in many types of construction contracts including: turnkey contracts; design building contracts; and engineering, procurement, and construction management (EPCM) contracts. He also participates in public-private partnership projects, as do several other members of the firm.

Claude joined Fraser Milner Casgrain LLP in 1991, the same year he was admitted to the Québec Bar, and became a partner in 2000. Claude obtained his B.C.L. from the University of Ottawa in 1990.

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Claude has expertise in the following fields:

Extraordinary remedies including attachments before judgment and injunctions
Rights and recourses under corporate law
Claims in construction law
Problems in awarding construction contracts
Preparation, drafting and review of contracts and tender documents
Contractual and extra-contractual liability
Corporate litigation and shareholders’ disputes
Directors’ liability
Product liability
Hypothecary claims
Construction bonds
Insurance law

Representative Work

Represented Trans-Canada Énergie on different energy projects, including a 507 MW natural gas thermal power plant being constructed in Bécancour, Quebec; provided counsel on all strategic aspects of this project, including management, risk transfer and regulatory permit issues, and actively participated in the risk review and analysis, as well as in the drafting and negotiation of turnkey contracts (project value: $600 million)

Acted for Cartier Wind Energy Inc., the largest wind energy producer in Quebec (Baie-des-Sables, Anse-à-Valleau, Carleton, etc.), on the drafting of all contractual arrangements (project value: $1.1 billion)

Acts for Groupe Aecon Ltée in a $100 million action against Société d’énergie de la Baie-James and Hydro-Québec further to the construction of the Estmain-1 power plant project

Represented Aéroports de Montréal in a $10 million action brought against DEW Engineering and Development Limited relating to defects and faulty works affecting airport equipment

Acting for École Polytechnique de Montréal in an $11 million Court action for damages against engineers and a construction manager pursuant to the construction of a new building for the school, raising important issues relating to the liability of professionals for faulty design, estimation errors and the mismanagement of work