Andrew’s practice includes a mix of fraud-related recovery matters and construction-related litigation and alternative dispute resolution. Corporations of all sizes turn to Andrew for his technical soundness, creative problem solving and depth of experience in a diverse range of fraud claims, construction-related claims, construction lien and bond claims, and delay and impact claims. Andrew has a host of experience with bringing pre-action applications compelling production from third parties and freezing assets. Andrew’s general litigation experience has led him to the resolution of conflicts involving real estate, insolvency, and claims for oppression and other relief under the Business Corporations Act.
Professional Affiliations
Affiliate Member, Surety Association of Canada 2014 – Present
Adjunct Member, Alberta Civil Trial Lawyers Association, 2010 – Present
Member, Law Society of Alberta
Representative Work
Represents a pipeline company pursuing recovery arising from a fraud involving a sophisticated hacking of a vendor’s email system, requiring orders to compel production from financial institutions and freezing of bank accounts
Prosecuting a fraud recovery action agains.t a group of employees who defrauded a construction company through a false invoicing scheme, requiring expert forensic analysis and pre-action orders to compel production from financial institutions and a local police service.
Prosecuted a fraud recovery action against an employee engaged in various frauds which required obtaining numerous ex parte orders to freeze assets and compel production of records from construction companies prior to the commencement of the lawsuit.
Prosecuted recovery actions on behalf of sureties pursuant to indemnity agreements.
Represents a pipeline company in disputes over alleged improper use of technology and patent infringement.
Represented an oil and gas pipeline owner in a complex arbitration and companion litigation with a contractor arising from the construction of a $85 million pipeline.
Represented a general partner in a dispute with limited partner arising from the dissolution of private equity investment partnership.
Represented a partner of oilsands joint venture in a dispute with the other JV partner with respect to the management and operation of an oilsands extraction project.
Represented an international Engineering, Procurement, Construction contractor in construction disputes with its subcontractor, a supplier and the project owner arising from a large electrical transmission and distribution project..
Represented member of a large construction joint venture in a dispute with the other joint venture member arising from industrial potash project.
Represented many general contractors and subcontractors both advancing and defending claims for payment for extras, delays and impact claims.
Represented various individual corporate shareholders claiming oppression and obtaining Court orders allowing for derivative actions to be commenced against directors for their breaches.
Select Publications/appearances
Co-authored a Chapter in the Canadian College of Construction Lawyers’ Construction Contracts Deskbook entitled “Arbitration Provisions in Construction Contracts” .
One Less Defence! Surety Doesn’t Benefit from Expiration of Claim Against Principal: Hoopp Realty Inc v Guarantee Co of North America Construction Law Letter, Vol. 36 No. 6
Registering a Lien Against the Wrong Lands: Fatal or Repairable? Construction Law Letter, Vol. 33 No. 5 Good Intentions Gone Bad: Valard Construction Ltd. v. Bird Construction Co. Construction Law Letter, Vol. 35 No. 2
Claims for Extra Work and Back Charges: A Tale of Two Trades
Show me the Money! Timing the Release of Holdback
Do Something! Labour and Material Payment Bonds should be Disclosed to Claimants
2016 CBA Construction and Infrastructure Law Conference Panel Discussion on Contract Security
CBA Construction subsection Panel Discussion on Commercial Management
CBA Construction subsection Panel Discussion on Construction Bonds and Contract Security
Community Involvement
Intake Volunteer, Calgary Legal Guidance 2009 – 2016
Volunteer, University of Ottawa Community Legal Clinic 2005 – 2007
Member, University of Ottawa Criminal Law Students Association 2004 – 2007
Volunteer, Housing Help – Pro Bono Students Canada 2005