Theron has expertise in construction law. His practice focuses primarily on drafting and negotiating construction contracts and advising on risk management.
Theron regularly helps owners, contractors and consultants execute and deliver a wide variety of projects including large infrastructure, commercial and educational facilities, and residential and mixed-use development projects.
In addition to working regularly with standard form contracts and supplementary conditions, Theron has experience drafting and negotiating bespoke suites of contracts for a variety of innovative project delivery models including, among others, early contractor involvement and progressive design build. Theron assists from concept, through procurement, and to execution and completion serving as a trusted resource in evaluating risk and opportunities.
Theron also has experience with contractual disputes, energy-related litigation and builders' liens. Theron has appeared before various levels of court, tribunals and administrative bodies in Alberta and Nova Scotia and presented at numerous conferences on construction law related topics. Along with his colleague, Bill Woodhead, Theron teaches an upper year course at the University of Calgary Faculty of Law on contract drafting.
Experience
- Represented a Not-For-Profit owner in the preparation and negotiation of a suite of custom contracts for the execution of a major renovation project with an estimated total cost upward of $43 million.
- Prepared a set of custom supplementary conditions for an Alberta municipality to utilize on various capital projects, including alignment with the requirements of the Prompt Payment and Construction Lien Act (Alberta).
- Represented a surety in bringing a successful application to dismiss a $2 million claim for long delay (Lloydminster (City) v Alberta Asphalt Enterprises, 2022 ABQB 55).
- Represented a contractor in a multi-party arbitration arising out of the construction of a large hospital in Alberta, with claims and cross-claims involving the public owner and a number of subcontractors.
- Represents various owners and contractors on several Canadian contractual interpretation issues and COVID-19 related advice in respect to major infrastructure projects.
- Advised various stakeholders on changes in construction lien and prompt payment legislation in various jurisdictions.
- Represented a Not-For-Profit owner in the preparation and negotiation of a suite of custom contracts for the execution of a major renovation project with an estimated total cost upward of $43 million.
- Prepared a set of custom supplementary conditions for an Alberta municipality to utilize on various capital projects, including alignment with the requirements of the Prompt Payment and Construction Lien Act (Alberta).
- Represented a surety in bringing a successful application to dismiss a $2 million claim for long delay (Lloydminster (City) v Alberta Asphalt Enterprises, 2022 ABQB 55).
- Represented a contractor in a multi-party arbitration arising out of the construction of a large hospital in Alberta, with claims and cross-claims involving the public owner and a number of subcontractors.
- Represents various owners and contractors on several Canadian contractual interpretation issues and COVID-19 related advice in respect to major infrastructure projects.
- Advised various stakeholders on changes in construction lien and prompt payment legislation in various jurisdictions.
