E. Jane Sidnell FCIArb, Partner

After obtaining her degree in Architectural Science, Jane was a member of a design team in a large architectural firm dealing with construction projects from development to approval stages. With this background, Jane went into law and has extensive experience working with projects from inception through completion and operations. Commencing with project strategy, Jane works with clients planning for development, drafting construction and professional services contracts and managing and resolving disputes, through negotiation, mediation, litigation or arbitration, as required.

With over 25 years' experience in litigation, Jane has appeared in all levels of court in Alberta, the trial division in British Columbia, several regulatory bodies and the Supreme Court of Canada. Jane has been counsel in numerous construction, builders' liens, surety, tender and other commercial litigation cases. Jane has acted as counsel in mediations and arbitrations and has been a mediator and an arbitrator in construction and development‐related disputes. Jane is a Fellow of the Chartered Institute of Arbitrators.

For 15 years, Jane was a member, and later co-Chair, of the Construction Owners Association of Alberta (COAA) Contracts Committee and worked and supported the Committees which drafted the industrial standard forms of stipulated price, EPC and EPCM contracts. Jane has drafted and negotiated all types of engineering and construction‐related agreements for a variety of projects, including land development, hospitality projects, MUSH-sector and significant oil sands projects. She regularly provides advice regarding tendering and procurement issues.

Extensive experience dealing with occupational health and safety issues gives Jane the background to assist clients with: strategies for implementation of prime contractor for safety; preparation of occupational health and safety policies; investigation of incidents; submission of reports to regulators; and dealing with orders and charges under the Occupational Health and Safety Act.

Jane is a Fellow and former Governor of the Canadian College of Construction Lawyers, an association of lawyers dedicated to excellence in the practice of Construction Law. She has also been recognized by, and is a Fellow of, the Construction Lawyers Society of America.

Jane is recognized by her peers by being identified as a "Leading Practitioner" in Construction by Lexpert; a "Benchmark Litigation Star" by Benchmark Canada; a "Notable Practitioner" in Construction by Chambers Canada; and a leading practitioner in Who's Who Legal: Canada, among other publications. In April 2016, Jane was featured on the cover of Lexpert Magazine, together with other leading practitioners.

After graduation from law school, Jane was articled to the former Honourable Chief Justice W.K. Moore at the Alberta Court of Queen’s Bench and Alberta Court of Appeal.

Professional Affiliations

Member of the Law Society of Alberta

Fellow and former Governor of the Canadian College of Construction Lawyers

Fellow of the Chartered Institute of Arbitrators

Former Co-Chair of Construction Owners Association of Alberta (COAA) Contracts Committee

Former Chair of the National Construction Law Section Canadian Bar Association

Former Chair of the Construction Law Subsection, Canadian Bar Association Alberta (South)

Former Director of the Calgary Construction Association

"The Arbitration Agreement", presentation at the Canadian College of Construction Lawyers conference, June 1, 2018

"Trust Provisions under Provincial Builders' Lien Legislation" presentation at The Canadian Institute Managing Risks in Construction Contracts conference, January 18, 2017

"Project Delivery Models: EPC and EPCM" presentation at The Osgoode Certificate in Construction Law program, Western Canada Edition, April 2016

"Reversing the Priorities, Again: When Bankruptcy and Construction Collide, Round 2" presentation at The Advocates Society Teleseminar, October 2015

"Practical Implications of Stuart Olson Dominion Construction Ltd. v. Structal Heavy Steel" presentation to the CBA Construction Law Subsection, Alberta South, October 2015

"Exclusions of Consequential Damages are they Inconsequential?" presentation at the Legal Education Society of Alberta Construction Law Conference, February 2015,

"RBC v Atlas and Iona: When Bankruptcy and Construction Collide, Round 1" presentation at The Advocates Society Teleseminar, September 2014

"Priority Battles: Banks and Bonding Companies" presentation at the CBA Insolvency Subsection, Alberta South, April 2014

"Pay-When-Paid Clauses in Construction Contracts" presentation to Glass and Architectural Metals Association, January 2014

"The Collision between Federal and Provincial Occupational Health and Safety Regimes on Energy and Resource Projects", (2013) 51:2 Alta L. Rev. 313

"Tips and Suggestions for the Initial Hours and Days Immediately Following a Serious Occupational Health and Safety Incident", Canadian Employment Safety and Health Guide, Number 382, July 2012

'"Best efforts" - "reasonable efforts" - "commercially reasonable efforts" - what do these terms mean?' Lexology, June 7 2010

"Consequential Damages: Are Exclusions of Consequential Damages Inconsequential", Journal of the Canadian College of Construction Lawyers, March 2010

Facility Naming Rights: What Happens When the Hype is Greater than the Reality

Is Your Master Services Agreement a Prevenient Arrangement Under the Alberta Builders' Lien Act?, Focus on Construction | Infrastructure, December 2009

Contributor, Checklist 62 United Nations Convention on Contracts for the International Sale of Goods (1980), "Construction Checklists: A Guide to Frequently Encountered Construction Issues (Chicago: ABA, 2008)," F.D. Wilshusen, E.A. Berg, T.L. Brookie and C.L.H. Okizaki, eds., published by the American Bar Association

Co-author of Chapter 5 Contract Forms and Project Delivery Systems for International Projects in International Construction Law: "A Guide for Cross-Border Transactions and Legal Disputes," eds. Wendy Kennedy Venoit, Arthur D. Brannan, D. Robert Beaumont, Andrew D. Ness and Douglas Oles, published by the American Bar Association 2009

Recommended by The Canadian Legal LEXPERT Directory every year since 2011 as one of Canada’s pre-eminent lawyers in the area of Construction Law

Recommended by Best Lawyers in Canada every year since 2013 as one of Canada’s leading lawyers in the area of Construction Law

Named in Who's Who Legal: Construction as a leading practitioner every year since 2014

Noted as a Benchmark Litigation Star" by Benchmark Canada in Construction and General Litigation

Recognized as a "Band 3" lawyer in Construction by Chambers Canada

Member of the Triwood Development Committee, Triwood Community Association

Member of the CBA Law for the Future Fund Board of Directors

Former member of the Board of Directors for the Calgary Public Library

Former member of the Board of Directors for the South Alberta Branch of the Canadian Mental Health Association, Southern Alberta Region

Contact Information

403 776 0515

Areas of Expertise

Construction

Commercial Dispute Resolution

Convention Centres and Hospitality

Year of Call

1993 (Alberta)

Education

University of Calgary, J.D., 1992

Ryerson Polytechnical Institute, B.Tech (Architectural Science), 1988