Peter A.K. Vetsch

Peter's practice is focused exclusively on construction law and primarily involves contract drafting and negotiation, as well as overall project administration and risk management advice. He has created and negotiated tailored suites of contracts covering all facets of execution of a number of different mega-projects, from conceptual design and bid phases through to construction and commissioning, and has provided strategic advice to major owners and contractors on the planning, coordination and performance of significant projects, acting as a trusted resource for large project actors faced with key risk decisions or requiring complex contractual analysis and advice.

Prior to joining Rose LLP in 2013, Peter previously worked as corporate counsel for a global EPC contractor, where he played a lead role in drafting and negotiating a broad range of engineering, consulting, procurement, construction, construction management, maintenance, turnaround and other contracts covering all phases of a wide variety of oil and gas and industrial projects across Canada and the United States. In this role, Peter also created and managed subcontracts and procurement agreements, provided ongoing contract administration and project management advice to operations and executive teams, and assisted with the handling and resolution of claims.

In addition, Peter has prior experience working in the construction department of a large national law firm, where he handled both project work and construction dispute matters, representing clients in all types of commercial and industrial construction claims, including those relating to builders’ liens, delay/productivity issues, defective workmanship, cost overruns and bidding and tendering disputes. He has also been seconded to a major Canadian oil sands owner, where he assisted in the development and alignment of a full suite of EPC/CM standard form contracts.

### PROFESSIONAL AFFILIATIONS

• Member-at-Large of the National Executive for the Canadian Bar Association Construction & Infrastructure Law Section
• Executive Member (Treasurer) of the Canadian Bar Association Construction Law Section - Alberta South
• Member of the Law Society of Alberta
• Member of the Calgary Bar Association
• Member of the Canadian Bar Association

### REPRESENTATIVE WORK

• Primary construction counsel to Inter Pipeline Propylene Ltd. for the Heartland Petrochemical Complex, an integrated set of connected multi-facility projects for cogeneration, propane dehydrogenation and plastics polymer production costing approximately $3.5 billion and located in Strathcona County, Alberta. Involved in all facets of the overall legal planning and execution of the Petrochemical Complex, including the drafting, negotiation and implementation of a customized suite of bid documents, engineering and procurement contracts, fabrication, storage and construction contracts, technology licensing contracts and overall coordination agreements covering the Complex's various projects. Provided ongoing planning, execution and risk management advice to senior management.
• Project counsel to leading global liquefied natural gas (LNG) owner with respect to the drafting and negotiation of EPCC and related contracts for the design and construction of an LNG export facility in British Columbia at an estimated cost in excess of $12 billion.
• Negotiated numerous multi-year master services agreements between large EPC contractor and various owners, including multiple use Construction, Engineering & Procurement (EP), Maintenance & Turnaround, Construction Procurement & Construction Management (CPCM) and Engineering Procurement Construction & Construction Management (EPCCM) contracts. Incorporated key risk terms and required flowdowns into subcontracts and agency procurement agreements with vendors.
• Drafted and assisted in the implementation of a suite of standard form engineering, purchasing, construction, construction management and services contracts for a large western Canadian industrial owner.
• Represented leading oil sands owner in drafting and negotiating master EPCM, turnaround, design-build, temporary accommodation and other agreements for use on new projects and existing operations in the Alberta oil sands.
• Represented EnCana Corporation on the sale and leaseback to Centre Street Trust of “The Bow” office tower; engaged in review and assessment of development, sale and leasing contracts.
• Member of contract negotiation team for owner's proposed oil sands project; independently negotiated agreements with vendors, suppliers and contractors of owner; worked closely with in-house counsel of owner to ensure compliance with owner’s internal risk guidelines.
• Acted for large electrical transmission owner in a design deficiency/product liability dispute relating to the failure of procured components ordered and installed by a global EPC contractor.
• Acted for contractor and service provider in resolution of a significant multi-party builders’ lien and construction dispute relating to delays, cost overruns and payment and performance issues on a large oil sands project; independently negotiated and coordinated finalization of settlement agreements with approximately 50 subcontractors and suppliers of contractor.

### SELECT PUBLICATIONS/APPEARANCES

• Speaker:  How Alberta’s Prompt Payments and Construction Law Reforms Will Impact Contracts, Lessons from Other Jurisdictions, and What You Need to Know to Avoid Legal Recourse – Canadian Institute Conference on Managing Risk in Construction Contracts & Projects, Western Canada, January 26, 2022
• Speaker:   Canadian Construction Projects and COVID-19: Future Forecasts – Canadian Bar Association National Construction Section Webinar, June 9, 2020
• Speaker:  Coming out of COVID: Litigating in the New Normal – The Advocates’ Society Webinar, May 1, 2020
• Speaker:  Impact of COVID-19 on Construction Projects – Canadian Bar Association Alberta (South and North) Construction Sections, April 7, 2020
• An Overview of Contractual Notice Requirements and the Effect of Doctrines of Waiver and Estoppel in Cases of Imperfect Compliance” (co-published with Phillip Scheibel), Journal of the Canadian College of Construction Lawyers, 2019 J.C.C.C.L. 47.
• The International Comparative Legal Guide to Construction & Engineering Law 2017, 4th ed.: A practical cross-border insight into construction and engineering law (Canada chapter), 2017
• "A New (Judicial) Era for Alberta Arbitration Agreements: A Shift Continued by Saskatchewan Power Corp. v. Alberici Western Constructors Ltd.", Construction Law Letter, 2016
• "When Good Facts Make Bad Law: TRG Developments Corp. v. Kee Installations Ltd.", Construction Law Letter, 2015
• "Limitations Issues In Construction Law: Calculating Limitation Periods For Contractual Indemnity Provisions", Focus on Construction | Infrastructure, 2010
• "Time is of the Essence", Focus on Construction | Infrastructure, February 2009
• “A Construction Insurance Primer: Which Policies for Which Risks?”, Construction Business Magazine, 2009
• “Effect of Consultant Certifying Application for Progress Payment”, Construction Law Letter, 2008

### RECOGNITION

• Douglas E. Smith Gold Medal in Arts, University of Alberta

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