Robert obtained his engineering degree planning to continue with this education in law. This combination naturally led to Robert practicing construction law. Robert’s construction law practice spans all aspects of this field, from drafting project contracts, advising project participants on issue resolution and mitigation during the construction phase, defending and advancing contract claims for extra costs, cost overruns, delay and impact costs, dealing with builders’ lien claims, and resolving defective equipment and defective design disputes.
Robert has represented clients in the oil and gas, construction and development industries in all levels of court in Alberta, the Supreme Court of Ontario and the Federal Court of Canada. He also has extensive mediation and arbitration experience which includes acting on cases in Alberta, British Columbia, and the United States. Robert has also been retained as a mediator and arbitrator of technical disputes.
Robert’s construction law practice has resulted in him being involved in commercial disputes of all types and more particularly disputes arising from real estate and land development activities and expropriations, all of which require an understanding of the industry and ability to deal with technical expert evidence.
### PROFESSIONAL AFFILIATIONS
- Member of the Canadian Bar Association, Calgary Bar Association and Law Society of Alberta
- Fellow, Construction Lawyers Society of America
- Former Director, Can Learn Society for Persons with Learning Difficulties; 2005 to 2013 (Chairman of the Board 2010 to 2012)
- Former Director, Country Hills Golf Club; 2009 to 2014 (Executive Committee 2010 to 2013; President 2012)
- Former Scout/Venturers Leader
### REPRESENTATIVE WORK
## Construction Law
- Analyzed the contract obligations and engineering contractor's performance of engineering, procurement and construction work to advance the Owner's claims arising from a cost overrun in excess of $1 billion and a delay in constructing the project of over one year.
- Negotiated a multi-million dollar Guaranteed Maximum Price Construction Management Contract relating to the construction of a post-secondary science and laboratory complex.
- One of a team of lawyers negotiating a multi-billion dollar EPC contract related to an LNG plant, concentrating on scope of work and technology license issues.
- Consulted with a major oil and gas producer in the resolution of contractor claims related to the design and construction of a major oil sands upgrading facility.
- Advised a pipeline company on the negotiation of a $500 Million EPCM contract related to a new large diameter, high pressure gas pipeline.
- Successfully negotiated the settlement of a multi-million dollar contractor's claim for extra work and delay costs offset by the owner's claim for the cost of correcting deficiencies and completing the work.
- Counsel for an Owner of an oil sands project providing advice on the settlement of several multi-million dollar claims.
- Acted for an oil and gas company advancing claims arising from the rupture of a newly constructed gas pipeline.
- Counsel for a contractor advancing claims for extra work, delay and breach of contract arising from the termination of the contract which settled through structured negotiations.
- Represented a hotel owner advancing a claim against the design architects and contractors for the cost of reconstructing a defective building envelope which allowed water infiltration into the hotel. This claim settled in mediation on the eve of trial. z
- Acted for a post-secondary educational institution in the negotiation and preparation of construction contracts for a $230 million campus expansion.
- Counsel to a pipeline company advancing claims against its design engineers for the cost of remedial work required to be done at its compressor stations because of a faulty design.
- Counsel to the project owner in the mediation of a $90 million construction dispute involving a chemical plant. The dispute involved complex contract interpretation issues and a substantial delay claim which took over a year to resolve.
- Successfully mediated the resolution of a construction contract dispute involving the owner, its engineer and two contractors.
- Counsel for a pipeline company advancing a multi-million dollar claim for the cost of replacing defective valves manufactured by a foreign company.
- Counsel for defending a contractor's delay and extra claim, which as well included building envelope issues that resulted in a six week trial in the Court of Queen’s Bench.
- Represented a party in a mediation of $20 million delay and additional cost claim arising from the construction of a pipeline.
- Counsel in a two week arbitration, held in Chicago, Illinois, of a $6 million claim relating to a pipeline project which required the presentation of extensive technical evidence concerning soil conditions.
- Acted in a two week arbitration of a $15 million claim for additional payment related to a pipeline project which was again held in Chicago, Illinois. This case required the extensive review of the information provided to bidders concerning site conditions and contract interpretation issues concerning the unit price payment terms of the contract.
- Representing an oil and gas producer advancing claims against a pipeline contractor arising from the post start-up failure of pipeline welds.
- Negotiated a major equipment purchase of LNG spheres for a proposed east coast LNG import facility.
- Counsel to a party in an arbitration of delay claims and additional cost claims arising from the dismantling of an oil refinery in British Columbia.
- Advising the project owner on the negotiation of terms of an architectural consulting agreement and construction contracts for a $25 million research facility.
- The preparation of all engineering consulting agreements, major equipment procurement agreements and construction contracts required for the construction of a $4 billion, grass roots, pipeline project.
- Acted as counsel for a project manager and designer involved in a dispute with the project owner concerning cost overruns, delays and responsibility to obtain permits for a hydroelectric project.
- One of a team of counsel acting for Syncrude Canada Ltd. in the mediation of Syncrude’s claim brought against Stearns Catalytic for the cost of repairing Coker 8-2 which was destroyed in a fire that occurred in August 1984. Also, presented evidence at trial relating to the critical path and construction schedule for the rebuild of Coker 8-2 and production capabilities and reliability issues relating to the operation of Syncrude’s Coker 8-2, arising from the same event.
- Provided legal advice that led to the resolution of claims made against the architects and engineering firms arising from design errors in the design of the Walter C. MacKenzie Hospital in Edmonton.
- Provided legal advice to resolve lien claims, surety performance bond claims and delay claims arising out of the construction of the Calgary Olympic Saddledome.
## Commercial Law
- Represented a minority shareholder in an arbitration conducted under a Unanimous Shareholders Agreement related to a claim for payment of dividends and valuation of the minority shares.
- Counsel for a major US refiner in a dispute concerning the enforceability of a pipeline transportation service agreement.
- Counsel for a national oil company in a right-of-first-refusal dispute involving an oil and gas property.
- Counsel for an oil and gas company in a dispute involving an oil and gas lease agreement.
- Counsel for a minority shareholder in a share buyout and oppression action.
## Real Estate/Development Disputes
- Counsel for a land development company in a joint venture dispute involving claims that the Joint Venture Agreement has been breached and should be terminated.
- Represented at trial a purchaser of commercial land which was sued for withdrawing from the agreement when a development permit could not be obtained.
- Trial Counsel for a purchaser of development land in a contract termination, return of deposit case which was resolved at trial.
- Acted for a joint venture partner involved in the design and development of a condominium project in a claim arising from a breach of fiduciary duty and the joint venture agreement.
- Acting for a limited partner in a real estate development limited partnership dispute.
- Represented tenants and landlords in several rent review arbitrations.
- Appeared before the Alberta Court of Appeal to argue leave to appeal from Subdivision and Development Appeal Board decisions.
## Expropriation
- Counsel for a landowner whose property was expropriated for a park
- Counsel for a business owner whose business closed operations on being expropriated
- Acted as counsel in Gimbel v The Province of Alberta appearing before the Court of Appeal on two occasions and the Land Compensation Board on three occasions which resulted in the claimants being awarded more than double the compensation offered by the Province
- Represented property owners in an expropriation claim against the City of Calgary at the Land Compensation Board which resulted in 100 per cent recovery of the compensation claimed and the payment of penalty interest. This decision was upheld by the Court of Appeal.
- Acted for a church expropriated by the Province that was resolved through negotiations which resulted in the church receiving five times the original offer
- Acted for a business owner in an expropriation by the City of Calgary and successfully recovered the value of the business
### PUBLICATIONS/PRESENTATIONS
## Publications
- The Use of Performance Specifications, October 2009
- What to Do When Construction Projects Go Bad
- The Rules and Legal Responsibilities of Project Designers, Engineers and Managers used by Athabasca University in its Law and Procurement course
- Lessons Learned from a Project that Went Off the Rails, for internal distribution within a worldwide oil company
- Advanced Guide to Effectively Negotiating, Structuring and Drafting a Construction Contract
- Critical Provisions Necessary in a Construction Contract
## Lecturing/Teaching Roles
- Lecturer on Construction Law at Lorum Construction Law Conferences 2008 and 2009
- Guest lecturer at the University of Calgary’s Law for Project Manager’s Course, 1996 to 2008
- Guest lecturer on construction contract drafting at the Canadian Institute Construction Law Super Conference
- Lecturer on Construction Contract Provisions at the Construction Law Update Seminar, April 2006
- Guest lecturer on engineer’s liability at the Consulting Engineers of Alberta special lectures, November 2009
- Invited Lecturer on the Sale of Goods Act at the annual Provincial Court Judges Conference, 2013
- Invited Lecturer at the Alternate Dispute Resolution Institute of Canada Annual General Meeting on the resolution of complex construction disputes, October 2013
- Invited Lecturer at the Alberta Expropriation annual fall conference, 2014 on the Court of Appeal's decisions on the award of interest
- Osgoode Certificate in Construction Law Western Canada Edition Lecturer on Duties and Obligations: The Owner, 2016
### RECOGNITION
- Best Lawyers in Canada 2014 as Calgary Construction Law Lawyer of the Year
- Recognized in Best Lawyers in Canada 2013 to 2016 as a leading lawyer in Construction Law
- Recognized by The Canadian Legal LEXPERT Directory 2009 to 2017 as leading practitioner in the area of Construction Law
- Appointed Queen’s Counsel, 2007
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