Construction Adjudicators in Alberta

Biography

Adrianna Worman has over fifteen years of experience in construction litigation and dispute resolution, contract review and development. Adrianna handles a myriad of matters for and against general contractors, construction managers, design builders, subcontractors, suppliers, architects, engineers, owners, lenders, sureties, and insurance carriers. In doing so, provides all types of services to construction industry clients, including advice and counsel; drafting, negotiating and reviewing the contracts; analysis, preparation, prosecution and/or defense of claims that can arise in construction; the negotiation and resolution of such claims and other related disputes; mediations and arbitrations. Adrianna is also the vice-chair of the Canadian Bar Association, Alberta South Construction Section, and the treasure of the Alberta Arbitration and Mediation Society.

Biography

David Simpson is a seasoned construction professional with 20 years of experience in bid-build and design-build delivery methods, working with owners, general contractors, subcontractors, and consultants. He has held senior positions such as Vice President, Project Director, and Senior Project Manager for civil infrastructure contractors in Western Canada. Throughout his career, David has gained extensive experience in all phases of a construction project, from pursuit to completion. He is well-versed in cost estimating, project planning and scheduling, budgeting and cost control, risk identification and mitigation, change management, and claims and dispute resolution, including negotiation, mediation, arbitration, and litigation. Additionally, David has experience working with sureties on contract defaults, performance bond claims, and labor and material payment bond claims.

ADR Training & Qualifications

Biography

Matt Mortazavi has 35+ years of hands-on experience in general contracting, construction, and project management.  He has extensive experience in residential (low and high-rise), infrastructures such as railway transit, underground services, roads, highways, and ICI development projects as well as in the areas of health, and civil defense projects. To date, scopes of projects have ranged from small to large-scale projects with construction budgets ranging from $50,000 to $250.0 million. Mortazavi’s experience extends further into and in particularly in construction risk management, forensic construction/engineering investigation, procurement and claim analysis, negotiation, delay claim preparation and rebuttal, contract preparation and construction dispute resolutions by way of referee, construction adjudication (English and Canadian Construction Adjudication Act) and arbitration.

He is a licensed professional civil engineer in the British Colombia, Alberta, and Ontario. His practice and company, Mortazavi Construction Consulting Inc. are registered in both provinces and with their engineering regulatory bodies to practice engineering.  The firm is holder of Permit to Practice with APEGA as well as holder of Certificate of Authorization with PEO. Matt is member of Swiss Society of Engineers and Architects in three sections, International, Geneva and Zurich.

Matt is a Certified Adjudicator and Fellow by invitation of Asian Institute of Alternative Dispute Resolution (FAIADR) in Kuala Lumpur, Malaysia. He is member of the Dispute Resolution Board (DRB) Foundation in United States of America. Matt is a Fellow and an Accredited Construction Adjudicator at the Chartered Institute of Arbitrators in London, UK and its Canada Branch and he is on the committee of Construction Adjudication Program. He received his Construction Adjudication training in London and was awarded a post graduate diploma. In April 2019, he was elected as member of the board of directors at CIArb – Canada Branch. Additionally, he is a Fellow of the Institute of Construction Claims Practitioner (FICCP) and he is on the Registered Panel of Claims Practitioner of the Institute. Matt is a Chartered Arbitrator with the ADR Institute of Canada. Matt is a Freeman of the Worshipful Company of Arbitrators in the City of London, England. He is member of the Swiss Arbitration Association.

Matt has conducted at least 35+ binding arbitrations, construction adjudication and referees in the last three (3) years. The disputes were of contract interpretation nature related to residential (low and high-rise), underground infrastructures, architectural, electrical, mechanical, and structural. He has provided numerous “Expert Opinion” reports and letters on construction and contract interpretation matters related to residential, ICI and heavy construction projects. He has performed thirteen (13) Construction Adjudication disputes in the Province of Ontario.

Matt was engaged by the Corporation of the County of Simcoe for its construction project management expertise and services on a $273 million project from January 2021 to September 2023.

As construction claim consultant and practitioner, Matt has prepared delay claims for general contractors as well as for trade contractors. These claims are well in the millions of dollars. Furthermore, Matt has been engaged on several occasions as an expert to provide expert reports on technical construction/engineering related matter as well as construction contract interpretation. Furthermore, as a sub-consultant to MMM Group, Matt was engaged as construction claim consultant/analyst by Toronto Transit Commission on a $240.0 million-dollar construction project to act as the gate keeper against construction claims and responding/handling the claims through contract interpretation. The assignment was for 16 months.

In August 2021, Matt was appointed as the Arbitrator and the Expert to deliver binding decision on two major construction disputes under the same contract. The matters were concluded in December 2022. Matt is currently engaged as an expert to prepare an expert opinion report for a matter that is currently in litigation for a disputed amount in the neighbourhood of $12 million. In addition, two of his current expert opinion reports on delay claims and extension of time are currently in litigations.

On June 26, 2023, Matt was invited as an expert panelist to speak at the United Nations in Geneva at the AI – Global Forum on the topic – Artificial Intelligence as a Double Edge Sword: Risks to the SDGs goals posed using AI, in particular UN goals no. 8, 9 and 17.

Matt is an adjunct professor at George Brown College at Centre for Construction and Engineering Technologies. He has been teaching construction law and contracts since January 2013. He structured the Construction Business Management course in September 2017 and teaches the course on as required basis. He is on the Durham College Program Advisory Committee.

Matt has given seminars on construction law and contracts to several government organizations such as the County of Simcoe, City of Hamilton, Limestone District School Boards, and many more. In addition to his business practice and academic involvement, Matt is a member of the Board of Directors at the Toronto French School – Canada’s International School and Chairperson of the Sustainability and Property committee of the school. His function is to advice, recommend and guide the senior school management on construction related projects and more specifically on the current $65.0 million expansion at the Mississauga and Toronto campuses. He was an honorary member and advisor to the Korean Canadian Business Association.

Matt was employed by Koh Brothers Group in Singapore from 1997 to 1999. Matt was the construction and project manager for the Singapore’s Civil Defence Academy Camp in Jalan Bahar. Matt completed the project on time and with a favorable profit. Matt has an excellent knowledge and is familiar with Singapore’s overall culture as well as business culture, ethics and laws governing businesses.

Matt Mortazavi is bilingual in English and French. He has sufficient knowledge of spoken and written Spanish to conduct day to day conversation at moderate level.

Website:           https://www.mortazavi-inc.ca

LinkedIn:       https://www.linkedin.com/in/matt-mortazavi-m-a-sc-ll-m-c-arb-c-adj-fciarb-ficcp-p-eng-aaa57925/

Curriculum Vitae:      https://mbr.adric.ca/ADRAI/ADRAI/ADR_Connect/ADR_Connect_Profile.aspx?ID=17537#vaff

ADR Training & Qualifications

Biography

Michelle is a Chartered Arbitrator, Chartered Mediator and a Construction Adjudicator and has been an Alberta lawyer since 1982.

Arbitration Services

Michelle arbitrates and acts as referee in a large variety of private matters involving:

A. Shareholder disputes
B. Contract disputes
C. Disciplinary issues
D. Construction issues
E. Estate issues
F. Land disputes
G. Municipal issues

Michelle has arbitrated, mediated and acted as Referee in respect of both residential and commercial construction issues involving many types of contractual disputes including: misrepresentation, tender/bid issues, delay claims, contract interpretation, unit price versus fixed price terms, builders’ liens, and change orders. Whether you are dealing with CCDC, ACA or “home grown” contracts Michelle is familiar with them all.

Michelle has arbitrated over 200 cases. Michelle is currently listed as arbitrator on the following rosters: Alberta Municipal Affairs for Arbitrators and Arb-Med, and the ADR Institute of Canada’s National Commercial Arbitration Roster.

Michelle teaches the ADRIC Introduction to Arbitration course for ADRIA and is an active member of the ADRIC national committee for further development of the National Arbitration course.

Adjudication Services

Michelle adjudicates construction issues under the Alberta Prompt Payment and Construction Lien Act.

Mediation Services

Michelle has mediated a multitude of issues involving business, construction, estates, and sport including harassment and sexual harassment. Michelle uses an interest-based approach and welcomes legal counsel to the mediation table. Michelle is open to using the med/arb approach to conflict resolution.

Michelle is currently on the following rosters for mediation: Alberta Municipal Affairs Roster for Mediators, the Sport Dispute Resolution Centre of Canada (“SDRCC”), and the National Energy Board.

Michelle attends annual training through the Sport Dispute Resolution Centre of Canada and attends at least one National Convention for Mediators and Arbitrators annually.

Michelle is a Past President of ADRIA’s Board of Directors having enjoyed being a Board member for 6 years.

Michelle welcomes new clients and is typically available to hear matters either in-person or on-line. Decisions are typically rendered within 30 days.
References can be provided upon request.

ADR Training & Qualifications

Biography

Paul is both a federal (with CanDACC) and provincial adjudicator, since 2020 he has had over 30 appointments with ODACC, ARCANA, SCDRO and the Ontario Ministry of Transportation. He is a panel member with ADR Chambers in Toronto and is an ADRIC/RICS Qualified Adjudicator.

With over 34 years’ construction experience, Paul’s career progressed from office junior and site quantity surveyor to claims consultant, in-house counsel, director, and 3^rd party neutral. Paul has represented both contractors & owners, operating at every level of the construction pyramid on a range of contracting strategies including lump sum, cost reimbursable, target cost and the PPP/PFI environment. His experience includes a variety of bespoke and standard form contracts including CCDC, FIDIC, NEC, ICE and JCT contracts on transportation and infrastructure, oil & gas pipelines and installations, process plants, utilities (water, gas and power), airports, nuclear facilities and commercial developments, from inception to commissioning to final completion and close-out.

Paul’s commercial expertise includes project commercial management, contract drafting and negotiation, risk and opportunity management, contract administration, project controls, and procurement. Paul has acted as expert witness in various contract and commercial disputes.

Paul has also personally represented numerous owners and contractors in contract negotiation and adjudication and has assisted counsel in a variety of ADR forums worldwide. His adjudication expertise includes claims identification, preparation, articulation and advocacy. Subsets of that expertise include forensic quantum and delay analysis.

Paul was called to the bar of England and Wales and qualified as an arbitrator in 2010, he is a member of the Honourable Society of the Inner Temple, and a fellow of the Chartered Institute of Arbitrators.

Paul’s work was published, with contributions to ‘Introduction to Construction Contract Management’ by Routledge.

Paul is perfectly placed to understand the context and circumstances of a construction dispute. He knows what it takes to provide a compelling and substantiated claim, juxtaposed with the inherent limitations that the construction industry creates.

Paul’s website is www.winfield-adr.com

ADR Training & Qualifications

Biography

Robert Bales is an engineer and project manager, and a construction lawyer. After 30 years in construction, including related legal services, he now acts exclusively as an adjudicator on both statutory and contract adjudications, and as an arbitrator on construction matters. Mr. Bales was an arbitrator for the Tarion Warranty Program for 12 years, and over the past seven years, he has adjudicated 20 institutional and civil claims for contracts ranging from $500,000 to $500 million, with claims from $350,000 to $5 million.

In his younger years, he worked in Alberta in the oil industry and in the running trades for the CPR, and later as manager of a building products manufacturer. Extending over 40 years , his construction experience included the development and construction of 600 low- to mid-rise town homes and apartment buildings, and civil, commercial and institutional projects as an engineer, project manager and lawyer.

Biography

Kevin Magill is a Construction Consultant with over 35 years experience gained in various industry sectors, including healthcare, energy, learning facilities and commercial and residential projects. Kevin started his career as an architect, with post graduate studies in project management and construction law and now provides his expertise in claims analysis, delay and quantum entitlement.

Kevin is a certified construction adjudicator and applies his expertise either as dispute resolver or as advisor to either party. Construction disputes are a very specialist area with numerous procedural and tactical pitfalls and Kevin has a thorough knowledge of construction contracts in common use, advising on contract administration and management procedures using standard or custom contracts and subcontracts.

Kevin is a Member of Royal Institution of Chartered Surveyors (RICS), a member of ADR Institute of Alberta and Canada, as well as several other professional institutions.

Other Professional Qualifications

Biography

Barrie Marshall is a retired lawyer and was, until June 2019, a partner with the Calgary office of Gowling WLG (Canada) LLP. Barrie spent his entire career practising commercial litigation, primarily in the areas of construction and securities law. He is highly regarded for his creative and effective litigation skills and dispute resolution strategies. His expertise in construction law, in particular, made him a frequent advisor to a broad spectrum of construction industry stakeholders including fellow construction law practitioners, owners, consultants, general contractors, subcontractors, suppliers, lenders, sureties, oil well drilling contractors, well servicing companies, and oilfield services companies. He has handled claims respecting a broad spectrum, of construction disputes including builders lien, deficiency, extra, delay, acceleration, impact cost, and surety claims. Barrie has been repeatedly recognized for his expertise in construction law in the legal publications, L’Expert and Best Lawyers in Canada.

Barrie has provided extensive service to his profession. He is a past chair of the National Civil Litigation Section of the Canadian Bar Association (CBA) and has held several posts with the Alberta branch of that body. He has also served on the National Council, the governing body of the CBA and as counsel to the Law Society of Alberta, the governing body of lawyers in Alberta.

Barrie has served as a director on the Board of the ADR Institute of Alberta (ADRIA) and is a past president of that organization. He also served as the ADRIA representative on the Board of the ADR Institute of Canada (ADRIC) between 2019 and 2022 and, during that term, was a member of the Governance Committee of ADRIC. As an ADRIC Board member Barrie also headed up a working group to provide advice and assistance to ADRIC and its Affiliates, as well as government representatives, regarding the design and implementation of construction adjudication across Canada. He continues to serve the Boards of ADRIC and its Affiliates in that capacity to this day. ADRIC and its Affiliates, including ADRIA, are the primary membership organizations for alternative and appropriate dispute resolution (ADR) professionals in Canada. Barrie also serves on the Board of the Alberta Arbitration and Mediation Society, the charitable arm of the ADR community. He is proud to have participated in the many exciting initiatives of these ADR organizations and, in particular, construction adjudication, at a time when ADR is becoming an increasingly essential element of Canada’s system of justice.

Barrie continues to work part-time by providing online and in person construction mediation and adjudication services to the construction industry and the general public in the Provinces of Alberta and Saskatchewan. He has mediated disputes, including multi-party disputes, regarding a variety of construction issues including acceleration/delay, workmanship/quality, valuation, and payment. Barrie is a member of the construction adjudication rosters of both the ADR Institutes/Royal Institution of Chartered Surveyors Construction Adjudication Nominating Authority (Alberta) (ARCANA(AB)) and the Saskatchewan Construction Dispute Resolution Office (SCDRO). Barrie enjoys biking, hiking, skiing, reading, and spending time with his grandchildren. Barrie is the President of J. Barrie Marshall Consulting Inc.

Other Professional Qualifications

Biography

Background

Mike is a formally trained mediator, arbitrator and adjudicator with an extensive educational background in Alternative Dispute Resolution.

In addition to his extensive practice as a civil litigator, he has over 200 hours of ADR training. Mike received his C. Med. Designation in 2016, his Q. Arb in 2015, and his C.Arb in 2017. Mediation and arbitration are unregulated fields, and although anyone can label him or herself as a “mediator” or “arbitrator”, few have taken formal training in ADR. Mike’s formal training in conjunction with his diverse experience as a litigator allows him the creativity to apply a number of different approaches to dispute resolution based on what the parties want, and what the situation calls for.

In particular, he blends components of interest-based mediation with more evaluative aspects in order to provide the services his mediation clients need. He offers flexible arbitration arrangements as well as Med/Arb services. In addition, Mike has been appointed to the ARCANA Roster of Adjudicators for the Alberta Prompt Payment legislative framework.

Mike is a past member of the Conduct Committee and the Assurance Fund Adjudications (Finance Committee) at the Law Society of Alberta and is a past member of the Executive Committee of the Board of Directors at the ADR Institute of Alberta. He is currently on the Board of Directors at Calgary Legal Guidance. Mike is also a member of the Alberta Family Mediation Society where he is registered as a “Practicing Mediator”. He was appointed King’s Counsel (formerly Queen’s Counsel) in 2022, a title used to recognize Canadian lawyers for exceptional merit and contribution to the legal profession.

Mike was admitted into the Canadian Academy of Distinguished Neutrals, an invitation-only professional association whose membership consists of mediators & arbitrators distinguished by their hands-on experience in the field of civil & commercial dispute resolution, in 2023.

Areas of Interest and Expertise

Mike has had a diverse practice over career as a civil litigator. He is prepared to mediate or arbitrate any kind of dispute. Some areas of interest are as follows:

• Personal Injury

• Family Law Disputes

• Energy Litigation

• Corporate and Commercial Litigation including shareholder disputes and oppression remedies

• Construction Litigation

• Professional Liability and Malpractice

• Employment Law

ADR Philosophy

Mike prides himself on his flexibility in finding and applying the best ADR solutions to whatever is in dispute. Mike’s ADR philosophy relates to perspective and is best summed up by Henry Ford: “If there is any great secret of success in life, it lies in the ability to put yourself in the other person’s place and to see things from his point of view – as well as your own”. -Henry Ford

Other Professional Qualifications

Biography

Tim is a highly experienced barrister, and over the years, he has cultivated a rich and diverse practice in most areas of litigation, including construction disputes. Tim’s background includes mixed use commercial and residential real estate development: he is the project manager for Deane Terrace in Nelson, B.C., a phased $10 million project completing Fall 2023. As a result, he has worked with all professionals on the design team, local authorities, general contractors, sub-contractors and material suppliers. He understands the construction industry from the advocates perspective and the industry member’s perspective.

Biography

Stephen Carter-Edwards, J.D., P. Eng., was a hybrid litigator and solicitor having retired after 21 years. He practised in the area of commercial litigation and contract drafting. His practice focused on construction law including builders’ liens, surety, insurance, bidding, delay claims and other construction disputes, defending claims, civil enforcement and drafting owner-consultant, owner-contractor and subcontractor agreements, and various other construction contracts depending on the project delivery model.

Prior to his legal career, Stephen had a successful engineering consulting practice. Known for being reliable, his attention to detail and applying creative approaches to the dispute resolution process, Stephen has appeared before all levels of court in Alberta, including the British Columbia Supreme Court and the Saskatchewan Court of Queen’s Bench. He has also been involved in several mediations and arbitrations.

He became a director on the Board of the ADR Institute of Alberta in 2022, President in 2023, and continues as its President. He is a member of the construction adjudication roster of the ADR Institutes/Royal Institution of Chartered Surveyors Construction Adjudication Nominating Authority (Alberta) (ARCANA(AB)).

Other Professional Qualifications