Andrew Wilkinson

Andrew’s practice concentrates on construction-related litigation and alternative dispute resolution on behalf of owners, developers, general contractors, and subcontractors with claims arising from commercial and industrial construction projects in Alberta, British Columbia and Saskatchewan. He also has experience assisting victims of fraud with asset recovery.

Corporate entities of all sizes turn to Andrew for his technical soundness, creative problem solving and depth of experience in a diverse range of construction-related and fraud claims (which on occasion have overlapped). In addition, Andrew acts for a number of different surety companies providing assistance in responding to performance bond and labour and material payment bond claims and bringing claims against indemnitors for recovery. He also assists sureties in obtaining recovery for claims made under fidelity bonds arising from employees’ fraudulent or dishonest actions.

Andrew also represents clients in commercial disputes involving directors and officers liability, conflicts between shareholders, claims for oppression and other relief under the Business Corporations Act.

Andrew has worked extensively with technical experts in numerous areas – from forensic accountants to delay claim experts – and has successfully represented his clients before all levels of the Courts of Alberta, the Supreme Court of British Columbia, and the Supreme Court of Canada.

## PROFESSIONAL AFFILIATIONS

• Affiliate Member, Surety Association of Canada 2014 - Present
• Adjunct Member, Alberta Civil Trial Lawyers Association, 2010 - Present
• Member, Law Society of Alberta

## REPRESENTATIVE WORK

• Represented an international Engineering, Procurement, Construction contractor in construction disputes with its subcontractor, a supplier and the project owner arising from a large electrical transmission and distribution project
• Represented member of a large construction joint venture in a dispute with the other joint venture member arising from industrial potash project
• Represented general contractor alleging that its subcontractor was responsible for delay in construction and therefore not entitled to payment and successful obtained an order requiring the subcontractor to post security for costs which effectively ended the lawsuit
• Defended a general contractor against multiple liens filed by subcontractors involved in a public infrastructure project
• Represented a host of lien claimants in various actions to recover unpaid funds and defending counterclaims with respect to the performance of the contractor
• Represented sureties defending performance bond and labour and material bond claims
• Prosecuted recovery actions on behalf of sureties pursuant to indemnity agreements resulting in recovery of several hundred thousand dollars
• Prosecuted recovery actions on behalf of sureties and employers against employees engaged in various frauds which required obtaining numerous ex parte orders to freeze assets and compel production of records from third parties prior to the commencement of the lawsuit
• Represented a national title insurer in recovery claims and in defending denials made under policies of title insurance
• Represented various individual corporate shareholders claiming oppression and obtaining Court orders allowing for derivative actions to be commenced against directors for their breaches
• Prosecuted subrogated recovery actions arising from fire and water escapes

## SELECT PUBLICATIONS/APPEARANCES

• Co-authored a Chapter in the Canadian College of Construction Lawyers’ Construction Contracts Deskbook entitled “Arbitration Provisions in Construction Contracts”
• Registering a Lien Against the Wrong Lands: Fatal or Repairable? Construction Law Letter, Vol. 33 No. 5
• Good Intentions Gone Bad: Valard Construction Ltd. v. Bird Construction Co. Construction Law Letter, Vol. 35 No. 2
• Claims for Extra Work and Back Charges: A Tale of Two Trades
• Show me the Money! Timing the Release of Holdback
• Do Something! Labour and Material Payment Bonds should be Disclosed to Claimants
• 2016 CBA Construction and Infrastructure Law Conference Panel Discussion on Contract Security
• CBA Construction subsection Panel Discussion on Commercial Management
• CBA Construction subsection Panel Discussion on Construction Bonds and Contract Security

## COMMUNITY INVOLVEMENT

• Intake Volunteer, Calgary Legal Guidance 2009 - 2016
• Volunteer, University of Ottawa Community Legal Clinic 2005 - 2007
• Member, University of Ottawa Criminal Law Students Association 2004 - 2007
• Volunteer, Housing Help - Pro Bono Students Canada 2005 – 2005

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