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Arnold (Arnie) Olyan is an associate in the business law department at Gowlings’ Calgary office where he practises in the areas of energy, infrastructure and construction law.
Arnie's expertise extends to oil sands development, including project structuring (teaming), contract drafting, negotiation and contract administration, from project design and build, through to facility commissioning and start up.
Arnie, both in private practice and as in-house counsel with a large Canadian engineering and construction firm and with a multinational energy company, has represented the interests of owners, contractors and sub-contractors alike, not only in the engineering, procurement, construction and construction management phases of projects, but also in the operations and maintenance phases that ensure the continuous functioning of facilities.
Arnie's experience includes the drafting and negotiation of confidentiality agreements; consulting and engineering service agreements; purchase orders; pre-bid, joint venture, partnership and shareholder agreements; tendering and RFP documentation; engineering, procurement and construction (EPC) agreements; engineering, procurement and construction management (EPCM) agreements; construction, sub-contract and supply agreements; equipment leases; maintenance and repair contracts; and letters of credit, surety bonds, parental guarantees and other forms of performance security.
- Route 1 (New Brunswick Highway) - advised proponent on the proposed design-build and operation, maintenance and rehabilitation agreements for the roadway.
- OPP Modernization Project - advised the design-build (joint venture) contractor to the concessionaire on the proposed project agreement, design-build subcontract and interface agreement (with service provider).
- Horizon Oil Sands Project - advised owner on engineering and construction initiatives for the $10.8 billion project, including the negotiation, drafting and finalization of the contractual and other agreements for engineering (including engineering design specification and front-end engineering and design contracts), construction (including EPC target price contracts), construction management, and project development and governance.
- Muskeg River Mine Oil Sands Facilities - advised owner on engineering, procurement, administration and construction management processes during construction and initial operation of the $2 billion project.
- Wheat to Ethanol Plant - advised owner on the EPC contract for the project.
- Fort Hills Oil Sands Project - advised contractors on EPC contracts for various silos of the project.
- Speaker at the Canadian Institute's Tailings Management and Reclamation Conference on "Directive 74 and the Implications for Industry" (2009).
- Speaker at the joint meeting of the Construction and Corporate Counsel Sub-Sections of the Canadian Bar Association on "Sanctity of Contract – Is it Overrated?" (2009).
- Co-authored "The EPC Contract and the Energy Lawyer," Alberta Law Review - Petroleum Law Edition, 2007.
- Co-chaired the Pacific Business & Law Institute Conference on "Risk Management in the Construction and Energy Sectors" (2006)
- Speaker at the Canadian Bar Association Construction Subsection on "The Elements of a Construction Contract" (2007).
- Speaker at the Canadian Institute's Negotiating Contracts Conference on "Creating the Contract: Methods, Clauses and Negotiating Strategies" (2009).
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