Peter A.K. Vetsch

LL.B., Partner

### Areas of Expertise
+ Construction/Infrastructure
+ Business Agreements & Commercial Contracts

### Year of Call
+ 2006 (Alberta)

### Education
+ University of Victoria, LL.B., (Dean's list) 2005
+ University of Alberta, B.A. Political Science (With Distinction), 2002

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

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

### REPRESENTATIVE WORK

  • Primary construction and project counsel to large pipeline owner with respect to the overall planning and execution of a set of connected multi-facility propane dehydrogenation and plastics polymer production projects; drafted, negotiated and implemented bid documents, engineering and procurement contracts, fabrication and construction contracts, technology licensing contracts and overall coordination agreements covering the various projects.
  • Primary construction and project counsel to sustainable energy/energy transition owner with respect to the planning, drafting and negotiation of a lump sum EPC contract and a module supply contract for the design and construction of one of Alberta's largest solar power projects, a 400 MW solar generation project valued at approximately $700 million.
  • 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.
  • Primary construction counsel to large secondary education institution on creation of suite of contract templates and various on-campus and off-campus projects, including recently approved interdisciplinary science centre, cutting-edge research laboratory and vivarium at an estimated cost of nearly $100 million.
  • Primary construction counsel to one of the world's largest uranium providers on various facilities maintenance and expansion projects, multi-year mobile equipment purchase framework, development and updating of bespoke suites of contract templates and other issues.
  • Construction counsel to Calgary-based non-profit community organization and global event host on park and convention centre expansion, interactive exhibition and multimedia centre, and other projects.
  • 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.
  • 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:   Negotiation Nightmares: Real-Time Solutions to the Latest Contracting Quandaries - Canadian Bar Association Alberta (South and North) Construction Sections, February 12, 2024
  • Speaker:   Annual Construction Case Law Review - Canadian Bar Association Alberta (South and North) Construction Sections, December 18, 2023
  • Speaker:   Cross-Canada Roundup (Alberta) - Canadian Bar Association National Construction and Infrastructure Law Conference, October 14, 2023
  • Guest Lecturer:   Contract Drafting, University of Calgary, College of Law, "The Importance of Drafting in Practice", December 2022
  • Speaker:   The Critical Path to the Critical Path: Understanding Construction Scheduling - Canadian Bar Association Alberta (South and North) Construction Sections, October 17, 2022
  • 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

### RECOGNITION

  • Recognized and Ranked as a leading Canadian Construction Lawyer in Chambers Global (2024)
  • Recognized as a leading Canadian Construction and Infrastructure Lawyer in Lexpert (2024)
  • Douglas E. Smith Gold Medal in Arts, University of Alberta

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

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

### REPRESENTATIVE WORK

  • Primary construction and project counsel to large pipeline owner with respect to the overall planning and execution of a set of connected multi-facility propane dehydrogenation and plastics polymer production projects; drafted, negotiated and implemented bid documents, engineering and procurement contracts, fabrication and construction contracts, technology licensing contracts and overall coordination agreements covering the various projects.
  • Primary construction and project counsel to sustainable energy/energy transition owner with respect to the planning, drafting and negotiation of a lump sum EPC contract and a module supply contract for the design and construction of one of Alberta's largest solar power projects, a 400 MW solar generation project valued at approximately $700 million.
  • 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.
  • Primary construction counsel to large secondary education institution on creation of suite of contract templates and various on-campus and off-campus projects, including recently approved interdisciplinary science centre, cutting-edge research laboratory and vivarium at an estimated cost of nearly $100 million.
  • Primary construction counsel to one of the world's largest uranium providers on various facilities maintenance and expansion projects, multi-year mobile equipment purchase framework, development and updating of bespoke suites of contract templates and other issues.
  • Construction counsel to Calgary-based non-profit community organization and global event host on park and convention centre expansion, interactive exhibition and multimedia centre, and other projects.
  • 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.
  • 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:   Negotiation Nightmares: Real-Time Solutions to the Latest Contracting Quandaries - Canadian Bar Association Alberta (South and North) Construction Sections, February 12, 2024
  • Speaker:   Annual Construction Case Law Review - Canadian Bar Association Alberta (South and North) Construction Sections, December 18, 2023
  • Speaker:   Cross-Canada Roundup (Alberta) - Canadian Bar Association National Construction and Infrastructure Law Conference, October 14, 2023
  • Guest Lecturer:   Contract Drafting, University of Calgary, College of Law, "The Importance of Drafting in Practice", December 2022
  • Speaker:   The Critical Path to the Critical Path: Understanding Construction Scheduling - Canadian Bar Association Alberta (South and North) Construction Sections, October 17, 2022
  • 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

### RECOGNITION

  • Recognized and Ranked as a leading Canadian Construction Lawyer in Chambers Global (2024)
  • Recognized as a leading Canadian Construction and Infrastructure Lawyer in Lexpert (2024)
  • Douglas E. Smith Gold Medal in Arts, University of Alberta