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In the Spotlight: A conversation with Rob Wilson

With a passion for construction law and a reputation for collaborative problem-solving, Rob Wilson’s journey from BLG to Legal Director – Prevention, Dispute Resolution and Litigation at Pomerleau, a leader in Canada’s construction industry, makes perfect sense. In a recent conversation with BLG’s Ottawa Regional Managing Partner, Larry Elliot, Rob shares his insights on navigating complex projects, adapting to industry change, and the importance of continuous growth.

From private practice to in-house: Adapting and evolving as a legal leader

Larry Elliot (LE): Rob, you spent a number of years in private practice before moving in-house at Pomerleau. What led to that transition, and how did your experience at BLG prepare you for this role?

Rob Wilson (RW): I had always been interested in construction law early in my career. It’s a technically complex but ultimately rewarding industry because you are working with teams to build something tangible. BLG’s excellent reputation in the industry is what drew me in. I gained valuable experience working on major infrastructure projects and construction disputes, collaborating closely with clients and project teams. When an opportunity came up at Pomerleau, a national leader in the field, it was a tough decision, but the chance to focus on project support and be on the ground with teams was compelling. Meeting Pomerleau leadership and seeing the company’s values and culture solidified my decision.

LE: When you made the leap from private practice to your in-house role at Pomerleau, how did your mindset as a lawyer evolve?

RW: The biggest change is that you are no longer at arm’s length. You are integrated into the team and your mindset shifts from best legal practice solutions to practical business minded solutions that balance legal risk with progress.

“You need to be making informed decisions with imperfect information, and you have to be comfortable with the inherent risk that comes along with that type of decision making.”

However, an in-house role also gives you the benefit of implementing policies and practices to prevent legal issues from arising in the first place, and you have the benefit of building relationships with project teams everyday, and can provide advice at the ground level.

If you can gain a level of trust with your project team, you can be an invaluable sounding board for their decision making, and you can ensure that you’re getting a holistic understanding of the facts. To use a construction pun, you need to build a good foundation, or everything else is going to be off.

Collaboration and industry change

LE: The construction industry is constantly evolving. What current trends or challenges have you seen, and how have they shaped the way you and your team work at Pomerleau?

RW: Recent years have brought emergencies like COVID, hyperinflation, supply chain issues and geopolitical events, all affecting project delivery. The pace of change means we have to adapt quickly, and ensure our policies and contracts are structured to avoid disputes and support early resolution. We also continually look at different ways to leverage technology to streamline communication and create efficiency in the way the legal department supports the company.

We are also now in a landscape where the government is greenlighting major infrastructure projects at a rapid pace, and construction companies need to be able to respond. To that end Pomerleau uses a sophisticated gating process to choose projects that align with our values and experience, and not just projected profitability.

There are certainly no boring days, but I think Pomerleau is in an excellent position to tackle these current and future challenges.

LE: Can you walk us through the point in a project when your team steps in? How do you build those collaborative bridges with other departments and external counsel to keep everything running smoothly?

RW: Our disputes group is generally involved at the project delivery stage. We have an excellent contractual team that manages negotiations and contract drafting, but my team steps in when a dispute may be starting to develop. Our primary focus is prevention and resolution of issues at an early stage. If we can resolve something quickly at the project level then that is always a win for us.

Generally, though, we try to stay in the background as much as possible, working directly with our own project teams so that we aren’t a roadblock to getting things done. If it does move into a legal proceeding then routine matters are kept in-house, however for large-scale, complex, or time and document-intensive disputes, we will partner with external counsel. It’s a collaborative process where external counsel joins in working with our project teams, and we make concerted strategic decisions with input from all sides.

Continuous growth and lessons in leadership

LE: How do you ensure you keep your legal skills sharp while managing a busy team and large projects?

RW: I benefited from strong foundational legal skills learning from great mentors at BLG and working on major projects. BLG’s professional development curriculum, specifically the trial advocacy program, taught me a lot about effective advocacy. I remember presenting to Tom Cromwell and Louise Arbour, some of the best legal minds in the country, and receiving invaluable feedback.

One of the ways I keep my legal skills sharp today is by staying actively involved in the litigation and dispute resolution process, even as my management responsibilities have grown. Three-quarters of my job is still focused on supporting project teams on the ground. I routinely participate in mediations and arbitrations, which allows me to maintain hands-on experience with what arbitrators and courts look for in disputes, which in turn informs how I draft letters and advise and highlight issues for our project teams.

LE: With the remaining quarter of your role focused on team management, how have you grown those skills, and what lessons have you learned?

RW: I really credit Pomerleau’s excellent managerial training program for my growth as a team leader. Positive team dynamics and fostering high performing leadership styles are cornerstones of Pomerleau’s national management training. I’ve learned a lot about emotional intelligence, effective motivation, and feedback. Being able to understand and respond to the needs of my team has been essential to our collective success. The biggest lesson I have learned is that you're only as good as the people around you, so you have to take care of your team first.