Phillip J. Scheibel

Phil's practice focuses on construction projects and commercial litigation. He has represented clients on projects across North America, in Australia, and has appeared before the courts in Alberta, Saskatchewan and British Columbia.

Phil has acquired significant expertise associated with oil and gas, industrial and commercial construction projects. His experience includes providing counsel to project proponents in the structuring of the project, drafting, negotiating, implementing and administering construction contracts as well as representing owners, contractors, engineering firms, consultants and suppliers on disputes including liens, bonds, productivity, delay, extra work and cost over-run claims.

### PROFESSIONAL AFFILIATIONS

• Member of the Law Society of Alberta
• Member of the Law Society of Saskatchewan
• Member of the Calgary Bar Association
• Member of the Canadian Bar Association
• Member of the Construction Law Section, Canadian Bar Association
• Member of the Institute of Corporate Directors
• Fellow, Canadian College of Construction Lawyers

## REPRESENTATIVE WORK

### Transactional Construction Experience

• Inter Pipeline with respect to the $3.5 billion Heartland Petrochemical Complex, an integrated set of multi-facility projects for cogeneration, propane dehydrogenation and plastics polymer production. Providing strategic project advice for the overall structuring and execution of the project including drafting, negotiating and implementing bid documents, engineering and procurement contracts, fabrication and construction contracts, technology licensing contracts and overall coordination agreements covering the various projects
• An LNG company with respect to the drafting and negotiation of an EPCC Agreement for its natural gas liquefication and export facility to be constructed in British Columbia
• Progress Energy Canada Ltd. with respect to construction and procurement issues pertaining to the development of its natural gas reserves and related infrastructure in northeastern British Columbia and Northwest Alberta
• A natural gas transmission company with respect to an approximately $8 billion dollar greenfield pipeline from northeast British Columbia to a proposed LNG export facility on the West Coast
• Cameco Corporation with respect to the engineering (EPCM), construction and procurement contracts for the Millennium Mine in northern Saskatchewan
• Cameco Corporation with respect to the engineering (EPCM), construction and procurement contracts for the McArthur River Expansion Project in northern Saskatchewan
• Cameco Corporation with respect to the engineering (FEED + EPCM) contracts for the Kintyre Mine in Western Australia
• Cameco Corporation with respect to the engineering (EPCM), construction and procurement contracts for the Port Hope Conversion Facility Remediation Program in Ontario
• Cameco Corporation with respect to the development of a five year engineering alliance agreement
• Cameco Corporation with respect to its global preferred project implementation provider program
• An international exploration and production company with respect to a $1.5 billion EPC agreement for a 40,000 bpd greenfield SAGD project
• An international oil and gas exploration and production company with respect to the expansion of its existing SAGD project
• An oil sands owner in drafting and negotiating the EPCM agreement for an upgrader expansion project
• An international engineering company in the development of its standard form engineering contracts
• Encana Corporation in negotiating and drafting construction, development and architect contracts for development of $1.3 billion office tower complex in Calgary
• Represented EnCana Corporation on the sale and leaseback to Centre Street Trust of “The Bow”
• Numerous oil sands owners on the development and construction of projects including with respect to EPCM, EPC, works and services contracts and on associated commercial arrangements such as liquids extraction and hydrogen supply

### Construction Dispute Experience

• An oil sands owner in an ad hoc arbitration related to the termination of the lump sum EPC contractor and the subsequent owner claims of approximately $1.3 billion for the costs to complete the project, liquidated damages and unjust enrichment
• An owner in an approximately $1 billion UNCITRAL arbitration against its EPC contractor relating to cost overruns, schedule delay and deficiencies with respect to a $3.5 billion potash mine expansion project
• An EPCM contractor in $87,000,000 defective pipe claim relating to an oil sands project
• A super major in a claim against EPMS contractor for negligent design, construction and project management services relating to a $1 billion natural gas gathering and pipeline project
• An energy infrastructure company in a $25 million change order dispute with its contractor related to the construction of parallel pipelines running between two oil sands facilities in Alberta
• An owner in an approximately $30 million arbitration related to change requests arising from the construction of a pipeline in Saskatchewan

• The joint venture EPCM contractors on $100 million claim regarding cost overruns and contractor claims arising out of oil sands project including substantial security for costs award [Tracer Industries Inc. v. Shell Canada Ltd., [2004] A.J. No. 769
• An owner in an approximately $70 million dispute (involving parallel arbitration and litigation proceedings) related to the construction of pipelines in Saskatchewan including change requests and compliance with contractual specification
• An oil sands owner in a $18 million dispute regarding construction of the tank farm on a SAGD project
• An industrial electrical contractor on a $18 million extra work, delay and productivity claim related to a gas processing facility
• Defence of summary judgment application and subsequent successful mediation of dispute relating to construction of senior citizens complex [Hipperson Construction Co. (1996) v. Regina Renaissance Retirement Residence LP, (2006) 286 Sask R. 319]
• Successful dismissals of a contractor claims pursuant to the Limitations Act and Arbitrations Act [Babcock & Wilcox Canada Ltd. v. Agrium Inc. (2005), 42 C.L.R. (3d) 197 (Alta. C.A.) and Suncor Energy Products Inc. v. Howe-Baker Engineers, Ltd., [2010 ABQB 310.]
• Six week construction trial on behalf of condominium developer arising out of contractor delay and extra work claims [Graham Construction and Engineering (1985) Ltd. v. LaCaille Development Inc., [2006] A.J. No. 1611]
• Successfully negotiated resolution of claims advanced against an EPCM contractor relating to cogeneration projects in Alberta, Ontario and Mexico
• Successful appeal from an order discharging a builders' lien [892336 Alberta Ltd. v. Silversite Construction Ltd. (2006), 51 C.L.R. (3d) 26 (Alta. C.A.)]
• Successful defence of claim that an RFP process constituted a tender call [Holy Cross Surgical Services v. Calgary Health Region (2005), 14 B.L.R. (4th ) 95 (Alta. Q.B.)]
• Successful mediation of a construction dispute relating to bridge rehabilitation project

### Commercial Dispute Experience

• An energy infrastructure company in a dispute between co-owners related to the operation of a fractionation facility near Fort Saskatchewan, Alberta
• Defending an oil field services company from a $6 million claim advanced by a public pension fund arising out of a hostile takeover and subsequent termination of a credit facility
• Oil sands owner in litigation with Greenpeace over illegal protests at mine site
• Successfully defended multinational drilling company against OHS charges arising from fatality during fabrication process
• Successful injunction applications in British Columbia, Alberta and Saskatchewan to restrain right-of-way interference during construction of a 3000 kilometer natural gas pipeline
• Successful judicial review and appeal regarding applicability of Workers' Compensation Board Act to multi-fatality accident [Buckley v. Entz Estate, [2007] A.J. No. 31 (Alta. C.A.)]
• An owner on dispute over lease and possession of lands for retail fertilizer operations [Agrium Inc. v DynAgra Corp., [2006] A.J. No. 271 (Alta. C.A.)]
• Successful appeal and dismissal of plaintiff's action [Anderson v. Canada Safeway Ltd. [2004] A.J. No. 792 (Alta. C.A.)]
• Successful dismissal of plaintiff's action on jurisdictional and choice of law grounds [Bezan v. Vanderhooft, [2004] A.J. No. 231 (Alta. C.A.)]
• Counsel to defendant on appeal in fatality action [Rewcastle Estate v. Sieban, [2003] A.J. No. 670 (Alta. C.A.)]
• Co-counsel on appeal relating to judicial independence [Reilly v. Alberta (Provincial Court, Chief Judge), [2000] A.J. No. 1029 (Alta. C.A.)]
• Defence counsel on class action certification hearings [Metera v. Financial Planning Group, [2003] 10 W.W.R. 367 (Alta. Q.B.) and Gillespie v. Gessert (2006), 32 C.P.C. (6th) 319 (Alta. Q.B.)]
• Defending hose distributor in litigation and subsequent multi-party mediation arising from explosion and destruction of gas processing plant in British Columbia
• Defending pump distributor in litigation arising from well site explosion during drilling operations
• Successful mediation of a claim against manufacturer and installation contractor arising out of a fire loss during building renovations
• An international engineering company before the Appeals Commission of The Workers' Compensation Board of Alberta in recovering $2 million in employer premiums with respect to custom pricing agreements for 3 large oil sands projects

## PUBLICATIONS/PRESENTATIONS

• Co-author, Falling in Step:  Alberta’s Prompt Payment and Construction Lien Act, Canadian College of Construction Lawyers Legal Update #162, November 7, 2022.
• Co-author, Case Comment: Avli BRC Developments v. BMP Construction Management Ltd., Canadian College of Construction Lawyers Legal Update #160, November 8, 2021.
• Canadian College of Construction Lawyers 2021 Annual Conference “The Virtual Arbitration” (May 29, 2021)
• Co-author, Case Comment: Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District, Canadian College of Construction Lawyers Legal Update #159, April 11, 2021
• An Overview of Contractual Notice Requirements and the Effect of Doctrines of Waiver and Estoppel in Cases of Imperfect Compliance, Journal of the Canadian College of Construction Lawyers, (2019) J.C.C.C.L.47
• A Brief Summary of Construction Warranties in Canada, (2019), Construction Law Letter, Volume 35, Number 5
• Client Seminar: Prime Contractor Role and Responsibilities in Alberta and Saskatchewan, (November 4, 2016)
• Moderator, Cross-Canada Update, Canadian Bar Association, National Construction and Infrastructure Law Conference, (April 1, 2016)
• Canadian Bar Association, Construction Law Subsection, "Nine-Tenths of the Law: Possessory Liens and How to Use Them", co-presented with Peter Vetsch and Josh Fraese (December 14, 2015)
• "Who is the Payer?", ADR Institute of Canada, ADR Perspective Newsletter, Vol. 2 No. 3 – September 2015
• Understanding Construction Warranties in Canada, Journal of the Canadian College of Construction Lawyers, (2015) 1 J.C.C.C.L. 137
• Canadian College of Construction Lawyers 2014 Annual Conference, "Labour Market Availability for LNG and Oil Sands Mega Projects" (May 29, 2014)
• Client Seminar, "EPC Contracts: Risks, Benefits and Common Issues", (May 25, 2014)
• Canadian Bar Association, Corporate Counsel Subsection, "Project Development in Western Canada, Challenges and Opportunities" (February 4, 2014)
• Client Seminar, "An Introduction to Canadian Procurement Law" (November 2013)
• "Limitation Issues in Construction Law: Staged Dispute Resolution Provisions and Word of Caution" Focus on Construction|Infrastructure - November 2010
• Canadian Energy Law Foundation, "Project Agreements, Risk Management and Litigation Risk" (March 2013)
• Client Seminar, "Construction Challenges in Canada's Oil Sands" (September, 2012)
• Client Seminar, "The Prime Contractor Under OHS Legislation" (September, 2012)
• Client Seminar, "Construction Contracts: Delivery Methods, Compensation Schemes and Risk Allocation" (September, 2012)
• Canadian Bar Association, Natural Resources Subsection, "Legal Issues and Remedies for Environmental Activists and Protestors: A Look at Recent Experiences in the Oil Sands" (April 13, 2011)
• "Limitations Issues in Construction Law: Staged Dispute Resolution Provisions and Word of Caution", Construction Business Magazine, September/October 2010, Vol. 7. No.6
• Client Seminar, "The Law of Tendering" (March 4, 2010)
• "The Inter-Relationship of Risk Management Provisions in Construction Contracts: Part 2", Focus on Construction | Infrastructure, October 2009
• "Time is of the Essence", Focus on Construction | Infrastructure, February 2009
• Client Seminar, "Lessons Learned From a Heated Construction Market" (July 2008)
• "The Inter-Relationship of Risk Management Provisions in Construction Contracts", Focus on Construction | Infrastructure, March 2008
• Canadian Bar Association, Construction Law Subsection, "Warranty Clauses and Remedies: One Size Fits All?" (March, 2008)
• Guest lecturer at the University of Calgary, Department of Civil Engineering’s Law for Project Managers Course (2006 - 2008)
• Client Seminar, "Contract Law: Basic Principles, Terms and Conditions, Bidding and Tendering, and Warranties" (December, 2007)
• Canadian Bar Association, Natural Resources Subsection, "Limiting Contract Damages with Exclusion Clauses: A Litigator's Perspective" (2005)

## RECOGNITION

• Chambers Canada, Dispute Resolution
• Chambers Global, Dispute Resolution
• Recommended by Best Lawyers in Canada as one of Canada's leading lawyers in the area of Construction Law
• Benchmark Litigation
• Recommended by The Canadian Legal LEXPERT Directory as one of Canada’s pre-eminent lawyers in the area of Construction Law
• Selected as one of Canada's Leading Infrastructure Lawyers in LEXPERT's 2017 Infrastructure Special Edition
• Selected as one of Canada's "Litigators to Watch" by LEXPERT's 2010 Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada

## COMMUNITY INVOLVEMENT

• Director of the Calgary Airport Authority (2019 to present)
• Canadian Mental Health Association, Calgary Region, Supportive Leadership Award, 2011
• Director of the Canadian Mental Health Association, Calgary Region (2004 to 2013)
• Director of the Athol Murray College of Notre Dame Alumni Association, Alberta Branch (2000 to 2006)
• Honorary Life Membership, Athol Murray College of Notre Dame Alumni Association, 2010
• Calgary Minor Hockey Coach (2012-present)
• CalWest Baseball Coach (2016 to present)
• Calgary Minor Football Coach (2021 to present)

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