Joshua D. Fraese LL.B., Associate

Josh focuses his practice in the areas of construction law and commercial litigation. He has represented clients in relation to a wide range of projects including complex industrial facilities, major commercial and residential buildings, and transportation projects. He has also acted in a variety of commercial disputes relating to the energy, transportation and mining industries.

In his construction practice, Josh has represented owners, EPC contractors, engineers and architects. He has advanced defective workmanship, delay, acceleration and productivity claims, as well as lien actions including both builders' lien and possessory lien claims. He has appeared before all levels of court in Alberta and has acted in a number of arbitrations, including before the ICC International Court of Arbitration.

Josh has also drafted and negotiated engineering and construction-related agreements on a variety of projects including major commercial and industrial construction projects. These include prime construction contracts, construction management, EPC and EPCM agreements and design-build-leaseback transactions. He has also negotiated many project-related procurement contracts.

After obtaining a degree in political science with first-class honours and graduating from law school with distinction, Josh was articled to the Honourable Justice Peter Martin of the Court of Appeal of Alberta.

Representative Work

Litigation & Dispute Resolution

  • Counsel for a large integrated oil and gas company regarding claims exceeding $2B with respect to construction issues arising on a SAGD oil sands project.
  • Representing EPC company in $6 million ICC arbitration claim against contractor, relating to the supply of once through steam generators to a SAGD oil sands project. Claim involves issues of delay, productivity, disputed changes and competing builders' liens.
  • Counsel to owner in a dispute relating to a $3.5 billion mine expansion project. Primary responsibilities related to coordinating large-scale document collection, review and production.
  • Arbitration counsel to prime contractor in $25 million change order dispute with roadbuilding subcontractor relating to a highway expansion project.
  • Counsel to EPC company as agent for large integrated oil and gas company defending $86 million total cost claim by contractor in relation to construction of central facilities at oil sands project.
  • Representing engineering company in defence of a $90 million third party claim for negligence, breach of contract and failure to warn of deficiencies in pipe incorporated into an oil sands project.
  • Acting for engineering company on a multi-million dollar claim and counter-claim involving an oil sands project.
  • Counsel to contractor in $14 million change order, delay and lost productivity claim.
  • Counsel to fabrication company in $7 million dispute relating to unpaid invoices involving possessory and builders' lien issues.
  • Representing engineering company defending $1 million claim for cost of accommodations vacated due to proximity of forest fires.
  • Acting for oilfield services companies, land developers and contractors in builders' lien disputes.

Project Delivery

  • Negotiating and drafting engineering, construction and trade contractor agreements for EPC contractor relating to a range of industrial construction projects.
  • Representing major regional institution in negotiation and drafting of engineering, construction management and trade contractor agreements for a large multi-purpose arena.
  • Negotiating and drafting an engineering services contract in relation to a multi-billion dollar mine construction project.
  • Acting for equipment manufacturer in drafting standard equipment rental agreement.
  • Negotiating and drafting numerous procurement and services agreements in relation to development of projects and ongoing operations.
  • Providing strategic advice and direction to contractor negotiating joint venture for construction of new seniors living residential condominium complex.
  • Negotiating and drafting contracts for contractor/owner to acquire, construct and lease-back a 500-unit housing project for a major educational institution.

Recognition & Awards

R. John Adams and Agnes M. Adams Prize in Oil and Gas Law Research, 2010

William Morrow Essay Prize, 2010

Anthony Cairo Prize in Professional Responsibility, 2010

Canadian Petroleum Law Scholarship, 2009

Sydney B. Woods, QC, Memorial Prize in Constitutional Law, 2008

Alberta Law Foundation Scholarship

Community Involvement

  • Board Member of the Canadian Mental Health Association (Calgary Region), 2014 to present
  • Executive Member, CBA Construction Section (Calgary), 2014-2016
  • Co-chair, CBA National Construction Conference (Banff, 2016)
  • Past editor of the Alberta Law Review
  • Various faculty council positions at the University of Alberta

Professional Affiliations

Member of the Law Society of Alberta

Member of the Calgary Bar Association

Member of the Canadian Bar Association

Contact Information

403 776 0507

Areas of Expertise

Construction | Infrastructure

Dispute Resolution

Civil Litigation

Energy

Year of Call

2011 (Alberta)

Education

University of Alberta, LL.B. (with Distinction), 2010

Oxford University, Certificate in International Human Rights Law, 2008

University of Alberta, B.A. Political Science (First-Class Honours), 2005