Lowell A. Westersund Q.C., LL.B., B.A., Partner

Lowell offers nearly 40 years of experience with a focus on all types of large construction projects, including working as project counsel in relation to construction, products liability, and surety bonds.

His practice is focused on the representation of owners, engineering firms, contractors, sureties, consultants and suppliers involved in industrial, commercial and institutional construction as well as on various matters relating to commercial litigation. He has represented clients in relation to disputes throughout Canada, the United States and Mexico. Lowell has appeared as lead counsel before the Supreme Court of Canada, at all levels of Alberta Courts, before the British Columbia Supreme Court and in alternate dispute resolution including both mediation and arbitration.

More recently, Lowell has been engaged to provide advice regarding risk management and avoidance with respect to a number of large construction programs underway or in planning.

Lowell's practice is largely in the areas of industrial, commercial and institutional construction projects and related disputes, commercial litigation, and bonding matters.

Professional Affiliations

Former Governor and Member of the Canadian College of Construction Lawyers

Member of the Canadian Bar Association

Member of the Law Society of Alberta

Member of the Calgary Bar Association

  • Oil & Gas/Energy
  • Manufacturing/Processing
  • Bridges/Dams/Waterworks
  • Hospitals/Health Care
  • Commercial Towers
  • Environmental
  • Municipal/Provincial/Federal Facilities
  • Universities/Colleges (Infrastructure)
  • Insurance/Bonding
  • Successfully mediated resolution of a large refinery equipment failure and fire
  • Successfully appeared before Alberta Court of Appeal in relation to application of limitations under the Arbitration Act
  • Two-week Alberta trial and appeals to the Court of Appeal and the Supreme Court of Canada relating to land development breach of contract, the law of mistake and punitive damages
  • Five-month construction dispute brought before the Court of Queen’s Bench of Alberta involving claims in excess of $15 million and a subsequent week-long appeal
  • Five-week trial before the Supreme Court of British Columbia relating to a fire in a pulp and paper mill
  • An Alberta Queen’s Bench trial and subsequent Court of Appeal hearing relating to the purchase of industrial property, breach of fiduciary duty and misuse of confidential information

SPECIFIC TENDERING, PROCUREMENT AND CONSTRUCTION EXPERIENCE

CNRL Horizon Project

Imperial Oil, Kearl Project

Husky, Sunrise Project

Shell Muskeg River Oilsands Project

Shell Scotford Refinery Modifications

Petro-Canada Diesel Desulphurization

Sheerness Power

Sakunka Pipeline

Sharjah Refining - United Arab Emirates

Virginia Hills Gas Plant

West Stoddart Gas Plant

Meridian Co-Generation

Electrical Co-Generation Plant - Sarnia, Ont.

Electrical Co-Generation Plant - Bear Creek, Alberta

Electrical Co-Generation Plant

- Chihuahua, Mexico

Gas Plant- Taylor, B. C.

Caroline Gas Plant

Suncor Oil Sands

Syncrude Oil Sands

Compressor Stations - Elko, B. C.

Shellburn Refinery – Quebec

Ultramar Refinery - Halifax, N. S.

Petro Canada Fort Saskatchewan

Refinery

Nu-Grade Refinery - Regina, Sask.

Costan Gas Gathering System

Balzac Refinery

Pincher Creek Gas Plant

Wainwright Emulsion Pipeline

Amisk Pipeline

Bi-Provincial Upgrader –

Lloydminster, Sask.

Beaufort Sea Drilling Islands

Ocean Ranger - Nova Scotia

Gas Plant - Sakhalin Islands, U.S.S.R.

Sulphur Shipping - South Africa/U. K.

MANUFACTURING/PROCESSING

High River Beef Plant

Carseland Ammonia Plant

Phosphate/Acid Plant- Idaho U.S.A.

Caroline Gas Plant

Pulp & Paper Mill - La Pas, Manitoba

Pulp & Paper Mill - Gold River, B. C.

ANC Pulp & Paper Mill

Slave Lake Pulp Mill

Westlock Seed Cleaning Plant

Sexsmith Seed Cleaning Plant

Didsbury Seed Cleaning Plant

Camrose Grain Handling

Grand Prairie OSB Plant

BRIDGES/DAMS/WATERWORKS

Centre Street Bridge

Northminster Irrigation District

Eastern Irrigation District

BRID Canal

Oldman River Dam

Dickson Dam

St. Mary's Reservoir

Bonnybrook WWTP

Cold Lake Sewage System

Athabasca Sewage System

Vegreville Mains

Little Elbow River Suspension Bridge

Bassano Dam

Grande Centre Sewage Plant

HOSPITALS/HEALTH CARE

Queen Elizabeth II

St. Paul

Three Hills

Two Hills

University of Alberta Hospital

Lethbridge Regional

Holy Cross

Calgary General

Foothills

Ponoka

Colonel Belcher

Olds

Lac La Biche

Medicine Hat

Turner Valley

Devon

Elnora

Smoky Lake

Cold Lake

Mistahia Regional Health

Calgary Health Region

ENVIRONMENTAL

Lagoon Remediation - PCB's

Canmore Mines Land Remediation

MUNICIPAL/ROVINCIAl/FEDERAL FACILITIES

Civic Plaza Parkade

McDougal Parkade

Claresholm Provincial Building

Morinville RCMP Building

Calgary Fire Department Academy

Rainbow Lake Staff Housing

Handi Bus Garages

Alberta Vocational Centre

Calgary Centre for Performing Arts

Lethbridge City Police Building

Core Research Centre

Palliser Regional Planning Building

Calgary Light Rail Transit

Young Offenders Centre

Calgary Remand Centre

Banff Cave and Basin

Frank Slide Interpretative Centre

Lac La Biche Town Centre

Jimmy Condon Arena

UNIVERSITIES/COLLEGES (INFRASTRUCTURE)

University of Calgary

University of Alberta

University of Lethbridge

Mount Royal College

Southern Alberta Institute of Technology

Red Deer College

INSURANCE/BONDING

All Risks/Builders Risk

Comprehensive General Liability

Cost Overrun Insurance

Political Risk Insurance (Russia)

Weather Insurance

Performance Bonds

Labour and Material Bonds

Bid Bonds

Maintenance Bonds

Publications

Force Majeure Clauses in Construction Contracts

Change Orders and Notice Requirements: Mitigating the Cumulative Impact of Multiple Changes

Force Majeure Clauses in Construction Contracts

“Change Orders, Notice and Delay,” Canadian College of Construction Lawyers 11th Annual Conference, Mt. Tremblant, Québec, May 2008

Westersund, L.A., “Force Majeure Clauses in Construction Contracts” (2008) in Glaholt, D.W., Kirsh, H. and Reynolds, R.B. (eds.) Journal of the Canadian College of Construction Lawyers, 2008 (Toronto: Thomson/Carswell, 2008) at 67

Presented numerous papers on a variety of construction issues including an article published in the Construction Law Reports and a pending article for the Journal of the Canadian College of Construction Lawyers

Teaching Roles

Lecturer for several years at the Law Society of Alberta Bar Admission Course on civil procedure

Lecturer at seminars including the Construction Superconference, Insight seminars and as a member of numerous public and private seminar panels

Lecturer at Annual Alberta Construction Association, Law and Construction Industry Course, 2008 & 2009

University of Calgary Law for Project Managers - several years

Selected by Best Lawyers in Canada as a leading construction lawyer in Canada, 2006 through 2016

Recognized by Best Lawyers in Canada 2012 as "Lawyer of the Year" in Construction Law

Recommended by The Canadian Legal LEXPERT Directory 2011 through 2017 as one of Canada’s most frequently recommended lawyers in Construction Law

Chambers and Partners – Canada – Band 1

Queen’s Counsel Appointment: 2004

Recommended by The 2010 and 2011 LEXPERT/American Lawyer Guide to the Leading 500 Lawyers in Canada as a leading lawyer in the area of Construction Law

Consistently recommended by LEXPERT as a leading construction lawyer

Recommended by PLC Which lawyer? in the PLC Construction and Projects Multi-Jurisdictional Guide 2012 in the area of Construction Law

Recognized by the 2013 LEXPERT/American Lawyer Guide to the Leading 500 Lawyers in Canada as a leading lawyer in the area of Construction Law

Former Director of Brown Bagging It For Calgary Kids

Contact Information

403 776 0520

Areas of Expertise

Litigation & Dispute Resolution

Construction | Infrastructure

Alternative Dispute Resolution

Energy

Oil & Gas

Public-Private Partnerships (P3)

Year of Call

1979 (Alberta)

Education

University of Alberta, LL.B., 1978

University of Calgary, B.A., 1971