Ryan R. Chalmers

• Recognized in Chambers Canada and Chambers Global as a top practitioner in Projects: PPP & Infrastructure
• Recognized in The Canadian Legal Lexpert Directory as a leading lawyer in the area of Infrastructure Law
• Recognized as a Thomson Reuters Stand-Out Lawyer – Independently Rated Lawyers (2022)

Professional Activities

• Chief Judge, Association of Consulting Engineering Companies, British Columbia
• Past Chair (2015-2016), Co-Chair (2013-2015), Vice-Chair (2012-2013), Construction Law Section, Canadian Bar Association, BC Branch

Memberships

• Vancouver Bar Association
• Canadian Council for Public-Private Partnerships

Infrastructure/P3/Construction/Procurement

Advised the Ontario Ministry of Economic Development, Job Creation and Trade on all aspects of its winning bid for Volkswagen’s first overseas gigafactory, a several-billion-dollar investment that is one of the largest in Canadian history. 

Advising the Vancouver International Airport Authority with respect to developing various template documents, including procurement documents, services agreements and construction contracts.

Advising the Onni Group generally with respect to construction contract matters as well as specialty construction projects.

Advising the Beedie Group generally with respect to construction contract matters as well as specialty construction projects.

Advising the Peterson Group generally with respect to construction contract matters as well as specialty construction projects.

Advising Coast Mountain College (a post-secondary institution in northern British Columbia) in connection with the procurement of a new student housing project (using modular construction).

Advising a confidential client in connection with, and conducting an investigation into, a whistleblower complaint regarding a procurement process, advising on the implementation of governance recommendations.

Advising Oxford County, an Ontario regional government, in connection with the procurement of a waste management processing system.

Advising a western-based municipally-owned corporation in connection with the procurement of a water treatment plant renewal project using an innovative design-build procurement model that has not previously been used in Canada.

Advising the Nova Scotia government in connection with the Highway 104 Twinning Project.

Advising Emil Anderson Construction in connection with its successful bid for the Design Build of the Kelowna Integrated Water Project - Phase 1, including with respect to bid preparation, contract negotiations and subcontracting matters.

Advising the City of Edmonton with respect to procurement and construction matters in connection with the Valley Line West LRT Project.

Advising Infrastructure Ontario and West Park Healthcare Centre on the West Park Healthcare Centre Hospital Development Project.

Advising the Regional Municipality of Peel in connection with its Renewable Natural Gas Centre P3 Project.

Advising Energy Ottawa with respect to procurement and construction matters on the Chaudiere Falls Redevelopment Project, including the engineering, procurement and construction management (EPCM) agreement, general construction agreement and specialty equipment design and supply agreements.

Advising a consortium of 21 British Columbia municipalities (including the Corporation of Delta and the Township of Langley) in connection with the procurement of a new Parks and Recreation Management Software System and associated licenses and ongoing services.

Advising Atlantic Gold Corporation with respect to the engineering, procurement and construction (EPC) agreement with Ausenco in connection with the development of the Moose River Consolidated Project (comprised of the Touquoy and Beaver Dam gold deposits) in Nova Scotia.

Advising BC Hydro with respect to:

• the turbines and generators contract (which includes the design, supply and installation of six vertical axis, Francis-style turbines, six generators and associated equipment) in conjunction with the construction of the Site C Clean Energy Project, an 1100MW hydroelectric project near Fort St. John, British Columbia, with capital cost estimate of $8.335 billion;
• the main civil works contract (earthworks, river diversion, cofferdams, roller compacted concrete buttress, approach channel and tailrace) in conjunction with the construction of the Site C Clean Energy Project;
• the public-private partnership (P3) to design, build, partially finance, maintain and operate a guest/worker accommodation complex for approximately 1,600 people (with an ultimate capacity to house 2,200 guests) in conjunction with the construction of the Site C Clean Energy Project;
• generally, the finance, construction, procurement and commercial matters on the Site C Clean Energy Project; and
• developing new standard procurement and construction documents.

Advising the City of Surrey in connection with its innovative organic waste biofuels processing facility P3 project.

Advising the City of Victoria with respect to procurement and construction matters on the innovative Johnson Street Bridge Replacement Project.

Advising Vinci Construction UK Ltd. in connection with its proposal for the Interior Heart and Surgical Centre in Kelowna.

Advising the Vancouver Aquarium with respect to construction matters on its Expansion and Revitalization Project.

Advising SNC-Lavalin:

• on the finalization of the design-build contract on the Waneta Expansion Hydroelectric Project near Trail, British Columbia;
• on the construction management at-risk joint venture on the Edmonton North Light Rail Transit Downtown to NAIT Extension Line Project in Edmonton, Alberta;
• on various design-build joint ventures on the Calgary West Light Rail Transit Project in Calgary, Alberta;
• on the design-build joint venture on the Southeast Stoney Trail Project in Calgary, Alberta;
• on the CentrePort Canada Way Grade Separation Project in Winnipeg, Manitoba; and
• on all legal matters with respect to concession agreements, design-build agreements, joint venture agreements, major and minor subcontracts (for both construction and professional services), utility agreements, railway agreements, indemnification agreements, labour agreements and land acquisitions.

Advising numerous clients in connection to drafting and negotiating joint venture agreements (both preliminary and long form), teaming agreements (consultant and contractor), proposal services agreements, services agreements, construction subcontracts and purchase orders, in connection with various P3 projects.

Advising numerous clients in connection to drafting all manner of competitive procurement process documents and advising on the effect of case law on such documents.

Business

Acting as lead corporate associate on the share restructuring of an Asian food retailer in connection with its sale to a national grocery retailer.

Advising on the sale of a Vancouver-based technology company to a San Francisco-based technology company by way of a plan of arrangement.

Advising on the acquisitions of controlling interests in two British Columbia-based forest products companies by a United Kingdom publicly-traded company.

Advising on reorganizations of numerous privately-held companies.

Advising on share financings:

• for a Vancouver-based banking software developer by an investor syndicate comprising Canadian and U.S. venture capital funds (preferred shares);
• for a Vancouver-based utility technology developer by a U.S. venture capital fund (preferred shares);
• for a Vancouver-based alternative energy provider by an investor syndicate comprising Canadian, U.S. and U.K. venture capital funds (common and preferred shares);
• for a Victoria-based lighting provider by an investor syndicate comprising Canadian and U.S. venture capital funds (preferred shares);
• for a run-of-river power generator in southeastern British Columbia; and
• for numerous publicly-traded TSX and TSX-V listed mining companies.

Advising on convertible and bridge loan financings for Vancouver-based technology companies and a Calgary-based energy producer.

Advising on asset purchases involving mining claims in Manitoba.

Advising on the purchase of a restaurant in Vancouver’s West Side.

Advising a Canadian web-based business with operations in Canada and the United States, including structuring, privacy, consumer protection and intellectual property advice.

Advising an incorporated fitness provider on day-to-day operations, commercial arrangements and bringing on additional investors.

Advising on and negotiating shareholders’ agreements for a variety of businesses in many industrial sectors.

Advising new ventures in connection with corporate and other entity structuring, corporate governance and legislative interpretation.

Panellist, "Claims Avoidance & Dispute Resolution," British Columbia Construction Roundtable, Vancouver, April 18, 2024.

Co-presenter, "Lessons Learned from P3 Projects in Practice," Canadian Healthcare Infrastructure East, The Canadian Institute Conference, Toronto, October 29, 2019.

Co-presenter, "Lessons Learned from P3 Projects in Practice," Managing Risk in Construction Contracts & Projects, The Canadian Institute Conference, Toronto, February 6, 2019.

Presenter, "Workshop: Contract Optimization - Aligning Your Project Needs to Derive Best Results," Canadian Healthcare Infrastructure West, The Canadian Institute Conference, Vancouver, February 26, 2018.

Presenter, "Negotiating Clear and Precise Contracts," Managing Risk in Construction Contracts & Projects, The Canadian Institute Conference, Toronto, February 6, 2018.

Co-presenter, "Preventative Thinking and Early Intervention - Managing Your Project Risk Before the Contract is Signed," Managing Risk in Construction Contracts & Projects, The Canadian Institute Conference, Edmonton, January 30, 2018.

Chair (Day One), "Managing Risk in Construction Contracts & Projects," The Canadian Institute Conference, Edmonton, January 30, 2018.

Presenter, "Tendering Risks: Staying out of Trouble," Tendering, CLEBC Seminar, Vancouver, October 25, 2017.

Presenter, "CFTA/CETA: What you need to know," Presentation to a confidential health authority, Vancouver, August 16, 2017.

Co-presenter with Edward Harrison, "Construction and Operations of Canadian Mines: Key Issues and Considerations," Mining Seminar, Vancouver, June 27, 2017.

Co-presenter with John Haythorne, "Procurement: Compliance with AIT, NWPTA, TILMA, NAFTA, TPP, CETA and the Statutes," Local Government 2017: Current Issues and Upcoming Changes, Pacific Business & Law Institute Conference, Vancouver, April 28, 2017.

Co-presenter with John Haythorne, "Identifying the Differences between General Contracts and Construction Management Contracts," Avoiding Common Errors in Construction Contracts: How to and How Not to, Pacific Business & Law Institute Conference, Vancouver, March 8, 2017.

Co-presenter with Jessica Apit (Kiewit), "A Step-by-Step Look at Procurement," Managing Risk in Construction Contracts & Projects, The Canadian Institute Conference, Calgary, January 17, 2017.

Co-chair, "Managing Risk in Construction Contracts & Projects," The Canadian Institute Conference, Calgary, January 17-18, 2017.

Co-presenter with John Haythorne, "Project Globalization – Legal Matters for Professionals," APEGBC’s 2016 Annual Conference, Victoria, October 21, 2016.

Co-presenter with Elizabeth Scott (BC Hydro), "The Latest Procurement Trends," The Construction Industry: Major Projects, Pacific Business & Law Institute Conference, Vancouver, June 2, 2016.

Co-chair, "The Construction Industry: Major Projects," Pacific Business & Law Institute Conference, Vancouver, June 2, 2016.

Presenter, "Trade Agreements and Procurement Obligations: An Overview," BC Municipal Risk Managers Forum, Vancouver, May 6, 2016.

Presenter, "Resolving Disputes during the Project," Resolving Construction Disputes, Pacific Business & Law Institute Conference, Vancouver, March 31, 2016.

Co-presenter with John Haythorne, "Project Globalization: Sourcing a Project across Multiple Jurisdictions," Hard Hat Forum: Nuts and Bolts of Construction Law, Vancouver, February 10, 2016.

Presenter, "Workshop A: Negotiating and Drafting Precise Contracts," Managing Risk in Construction Contracts, The Canadian Institute Conference, Vancouver, January 22, 2016.

Co-chair, "Managing Risk in Construction Contracts," The Canadian Institute Conference, Vancouver, January 20-21, 2016.

Presenter, "Popular Misconceptions: The Most Common Misconceptions Regarding Liens," Builders’ Liens – 2015 Update, CLEBC Seminar, Vancouver, November 24, 2015.

Presenter, "Recent Developments in Trade Treaties – What You Need to Know," Hard Hat Forum: Nuts and Bolts of Construction Law, Vancouver, November 19, 2015.

Presenter, "Cost Plus Contracts and Unit Price Contracts," Construction Contracts: Beyond Standard Terms, Pacific Business & Law Institute Conference, Vancouver, November 18, 2015.

Presenter, "Honesty and Reasonableness in Construction Contracts: The Impact of Bhasin v. Hrynew," Canadian Bar Association, British Columbia Construction Law Section Meeting, Vancouver, February 26, 2015.

Presenter, "Key Issues/Risks to Address in the Contract," Fundamentals of Construction Contracts in British Columbia: Understanding the Issues, Lorman Conference, Vancouver, December 12, 2014.

Presenter, "An Overview of Risk – From Project Inception Through Project Completion," Managing Risk in Construction Contracts, The Canadian Institute Conference, Edmonton, November 25, 2014.

Presenter, "Legal Risks in Creative Procurements and How to Minimize Them," Tendering Law – 2014 Update, CLEBC Seminar, Vancouver, October 24, 2014.

Presenter, "Construction Contract Tips for the Current Market – From Tenders to Design-Build," APEGBC Tri-City Branch Seminar, Coquitlam, February 26, 2014.

Presenter, "Workshop A: Drafting Clauses to Lower Your Risk: Deep Dive into Key Construction Contract Clauses and Understanding Drafting Pitfalls," Managing Risk in Construction Contracts, The Canadian Institute Conference, Edmonton, November 25, 2013.

Presenter, "Construction Contract Tips for the Current Market – From Tenders to Design-Build," APEGBC Sea to Sky Branch Seminar, North Vancouver, September 26, 2013.

Presenter, "Construction Contract Tips in the Current Market – From Tenders to Design-Build," APEGBC Richmond/Delta Branch Seminar, Richmond, June 20, 2013.

Presenter, "Creative Approaches to Construction Contracts and Project Delivery," Construction Contracts: How to Prevent Costly Mistakes, Pacific Business & Law Institute Conference, Vancouver, December 11, 2012.

Presenter, "Hot Issues in Professional Services Agreements," Construction Contracts: How to Prevent Costly Mistakes, Pacific Business & Law Institute Conference, Vancouver, December 11, 2012.

Presenter, "Procurement and You: Developments in Procurement Law and Implications Beyond Construction," Canadian Bar Association, Canadian Legal Conference, National Construction Law Section Meeting, Vancouver, August 14, 2012.

Presenter, "Project Management – Avoiding the Pitfalls of Delays," APEGBC Tri-City Branch Seminar, Coquitlam, March 7, 2012.

Presenter, "Subcontracts and Allocation of Subcontractor Risk," Procurement and Financing of Public Infrastructure Projects, Lexpert Conference, Vancouver, December 5, 2011.

Author, "Construction Law: Balance of Risk Takes Centre Stage as Canada Emerges From COVID-19," Lexpert, December 18, 2023.

Author, “NWPTA ‘Bid Protest Mechanism’: New ‘Teeth’ for Bidders in Public Procurements,” April 12, 2017.

Author, “The Scourge of Email Negotiation - Beware,” January 9, 2017.

Author, “Popular Misconceptions,” The Continuing Legal Education Society of British Columbia, November 2015.

Co-Author with Karen Martin, “The Bargains We Make,” Innovation, September/October 2012.

Co-Author with John Haythorne, “Tendering Law: A Call for a Return to Our Roots,” August 2012.

• LLB, University of British Columbia, 2006
• BBA, Simon Fraser University, 2002