Phillip J. Scheibel LL.B., B.A., Partner

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

Fellow, Canadian College of Construction Lawyers

Transactional Construction Experience

  • An LNG company with respect to the drafting and negotiation of an EPCC Agreement for its proposed 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 owner in an 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
  • 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 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
  • 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

  • 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 kilometre 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

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, (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)

Chambers Canada, Dispute Resolution 2016, 2017

Chambers Global, Dispute Resolution 2015

Recommended by Best Lawyers in Canada, 2014, 2015, 2016 and 2017 as one of Canada's leading lawyers in the area of Construction Law

Benchmark Litigation 2017

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

Recommended by The Canadian Legal LEXPERT Directory 2015, 2016 and 2017 as one of Canada’s pre-eminent lawyers in the area of Construction Law

Calgary Minor Hockey Coach (2012 - 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

Contact Information

403 776 0506

Areas of Expertise

Alternative Dispute Resolution

Construction | Infrastructure

Litigation & Dispute Resolution

Year of Call

1998 (Saskatchewan)
1999 (Alberta)

Education

University of Saskatchewan, LL.B., 1997

University of Saskatchewan, B.A., 1994

Athol Murray College of Notre Dame

Mediation Certificate, Harvard Law School Program on Negotiation, 2017