Derek Schmuck is a partner in the firm who specializes in construction law.

Derek routinely acts for the various parties in the construction pyramid, including general contractors, subcontractors, material suppliers, owners, developers, mortgagees and trustees in bankruptcy. As a result he has extensive experience in all aspects of construction.

His advice is practical and timely and is regularly sought in the areas of liens, breach of trust, labour & material payment bonds, debt collection, performance bonds, contract preparation and the resolution of all types of construction related disputes whether by way of litigation, mediation or arbitration.

Derek assists clients on a daily basis with the many ongoing challenges faced by the construction industry, and is regularly involved with some of the largest and most complex disputes that arise. He is skilled at making business sense of complex and unusual matters. Several large clients retain him on an ongoing basis to provide pro-active advice.

Derek has an excellent track record, having successfully argued cases in all levels of the Ontario courts, including the Ontario Court of Appeal. Several of his cases are recognized as leading cases on construction law or practice.

Other lawyers frequently seek advice from, or refer clients to, Derek as he is the only lawyer in Hamilton to be certified by the Law Society of Upper Canada as a Specialist in Construction Law.

In his younger days, Derek played hockey at the Junior A and semi-professional levels. He continues to enjoy many sports including skiing, tennis and golf.

Articles

	Breach of Trust Claims Breach of trust claims are often overlooked by contractors and their lawyers. A breach of trust claim has several advantages over a breach of contract claim and even a lien claim...
	When Can Work "In Respect Of" Land, But Not On It, Give Rise To Lien Right? My topic deals with the right to lien when the claimant does not do work at the job site. Whether a person has lien rights for off-site work depends on a number of factors...