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Andrew  Wong

Andrew Wong

Partner, Commercial


Contact Information

anwong@osler.com

tel: 416.862.6564

Office

Toronto

Areas of Expertise
Bar Admission

Ontario, 1995

Education
  • University of British Columbia, LL.B.
  • University of Toronto, B.A.Sc.
Language(s)
English

Andrew is a civil engineering graduate whose practice includes work in international and Canadian construction and infrastructure matters.

His project experience includes advising on public-private partnerships and alternative financing and procurement.

The projects he has worked on include those relating to transit, schools, airports, railway stations, highways, roads, waste water treatment plants, water treatment plants, transmission lines, nuclear power plants, windfarms, power plants, office towers, data centers, hospitals, manufacturing facilities and warehouses.

His work includes the following:

- providing strategic advice.

- project planning and project risk assessment and analysis including the pros and cons of  different procurement models, project delivery systems, pricing mechanisms and standard form agreements for construction, engineering and architectural work.

- preparation of bid and request for proposal documents including evaluation criteria.

- preparation of procurement evaluation guidelines and procedures and participation in the review and evaluation of bids and proposals as a part of the client’s procurement process including the preparation of internal bid and proposal evaluation reports and presentations.

- preparation of long form and short form template agreements,  individualized agreements and supplementary conditions for CCDC and CCA standard forms for construction agreements, design build agreements, construction management agreements, EPCM agreements and EPC agreements.

- preparation of equipment or material supply agreements and purchase orders.

- preparation of master agreements and work authorizations for construction, engineering and architectural work (individualized or using supplementary conditions in conjunction with standard form documents).

- preparation of  individualized architectural, engineering and consulting service agreements and supplementary conditions for OAA, RAIC, PEO and ACEC standard forms.

- preparation of agreement terms dealing with commercial matters including insurance, lump sum, unit price or cost of the work pricing mechanisms, escalation provisions for pricing, contract incentives and disincentives, key performance indicators, liquidated damages regime and assisting in the preparation of scope of work documents.

- aligning the agreements with project circumstances and requirements and risk profile of the client.

- work closely with internal and external stakeholders to co-ordinate and reflect legal, technical and commercial requirements and comments in the agreements including the preparation of briefing notes and presentations for senior executives and providing up date briefings to senior executives.

- preparation of “owner playbooks” or “owner manuals” summarizing key provisions and procedures in the agreements and training staff on their use and advising clients on internal changes to deal with these agreements.

- providing contract administration and other advice to the client during the project implementation phase.

- providing construction lien advice in the context of the Construction Act.

    • City of Toronto with respect to the Union Station Revitalization Project and the Union Station Enhancement Project.
    • Advising on a variety of P3/AFP projects including: West Park Hospital Project, Cambridge Memorial Hospital, Erinoaks Centre for Treatment and Development, Groves Memorial Hospital, Mount Sinai Hospital, Sheridan College, St. Mikes Hospital, Eglinton Crosstown, Joseph Brant Hospital, Etobicoke General Hospital, East Rail Maintenance Facility and Halton Healthcare.
    • Bruce Power on all aspects of the planning, procurement, engineering, materials and equipment supply, construction and other services agreements in respect of the refurbishment of the Bruce Power Nuclear Generating Station.
    • The Greater Toronto Airports Authority with the procurement, design, construction and development required for the Toronto Pearson International Airport. Andrew’s involvement with the project includes a secondment with the in-house legal team which spanned a period of six months
    • Atomic Energy of Canada with the refurbishment and retubing work required for the restart of major nuclear generating stations including Bruce Power Nuclear Generating Station (Ontario) and Point Lepreau Generating Station (New Brunswick), the Ontario Nuclear Procurement Project and the procurement, design and construction of various capital development projects at AECL’s Chalk River Laboratories and Whiteshell Laboratories and with the preparation of procurement documents and design and construction contracts for various projects relating to the disposition and handling of nuclear waste and capital improvement projects.
    • Vale Canada in connection with a number of capital projects for operations and facilities in Canada, including the preparation and review of procurement documents and engineering, procurement and construction management agreements, and trade contracts and purchase orders.
    • Utilities Kingston with the procurement, design and construction of capital improvement projects including the Ravensview Water Pollution Control Plant, Point Pleasant Water Treatment Plant and the Cataraqui Bay Wastewater Treatment Plant.
    • 407 ETR Concession Company Limited with the procurement, design, construction and development required for various improvement projects on Highway 407 Express Toll Route.
    • Toronto Transit Commission with various transit development projects including the York University Busway Project and Scarborough Rapid Transit Project.
    • Oxford Properties with the design, construction and renovation of various projects, including Royal Bank Plaza, Constitution Square and Centennial Place.
    • Royal Bank of Canada with the procurement, design and construction of various business critical projects in Toronto, Stratford and Guelph.
    • Other Major Canadian banks with the procurement, design and construction of various tenant improvement projects in office towers in downtown Toronto.
    • An Ontario healthcare centre with its construction process and related procurement issues.

Lexology Client Choice Award, 2017: Construction in Canada.

  • Engineering Alumni Network, University of Toronto, Executive Board Member.
  • Scarborough Agincourt Federal Liberal Association, Director.

  • Law Society of Ontario
  • Canadian Bar Association
  • Ontario Bar Association

  • The Osgoode Certificate in Construction Law, Facilitator for Interactive Workshop, Project Delivery Models, Osgoode Hall Law School Professional Development, October, 2018.
  • Putting The Contract In Place Risk Management, Speaker, Osler, Hoskin & Harcourt LLP Internal Seminar, May, 2018.
  • The Osgoode Certificate in Contract Management for Construction and Infrastructure Projects, Lecturer and Co-Program Director, Osgoode Hall Law School Professional Development, August, 2017 and May, 2018.
  • Risks and Legal Issues for Contractors and Owners in Mega Projects, Lecturer, Faculty of Applied Science and Engineering, University of Toronto, February, 2017 and February, 2018.
  • Law and Ethics in Engineering Practice, Lecturer, Faculty of Engineering and Architectural Science, Ryerson University, January, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017 and 2018.
  • The Osgoode Program in Contract Management and Administration, Lecturer and Program Director, Osgoode Hall Law School Professional Development, December, 2017.
  • Engineering Economics and Decision Making, Lecturer, Faculty of Applied Science and Engineering, University of Toronto, November 21, 2017.
  • Project Delivery Systems, Lecturer, Angelo Del Zotto School of Construction Management, George Brown College, September, 2008-2017.
  • Contract Risk Management: How to Protect Yourself, Speaker, Canadian Institute, September 28, 2016.
  • Construction Lien Act, Lecturer, Fundamentals of Construction Law, Osler, Hoskin & Harcourt LLP Internal Seminar, May, 2016.
  • Risk Management Primer, Speaker, Osler, Hoskin & Harcourt LLP Internal Seminar, April 16, 2016.
  • When Will Defects Render a Certificate of Substantial Performance Invalid, Practice Gems, Lecturer, Law Society of Upper Canada, March, 2016.
  • Dealing with Contract Close Out Issues, Lecturer, The Commons Institute, February, 2016.
  • Compliance Challenges with the BPS Procurement Directive, Hospital News, February, 2016.
  • Practical Approach to Risk Allocation, Speaker, Federated Press, April, 2015.
  • Essential Legal Issues In Contract Management, Managing and Measuring Contract Performance, Speaker, Federated Press, January, 2014.
  • The New CCDC 14 and CCDC 15 Contract Templates, Practice Gems: Construction Contracts for Real Estate Lawyers, Speaker, Law Society of Upper Canada, January, 2014.