Education
Simon Fraser University, BA, 1998 University of Saskatchewan, JD, 2002, with distinction
Bar Admissions
Alberta, 2003 Saskatchewan, 2023
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Brian P. Reid
Partner
T: 403.298.3146 /
E: reidb@bennettjones.com
Calgary
Brian Reid has a diverse commercial litigation practice with a strong emphasis on construction and energy related disputes. Brian assists international and domestic owners, contractors and engineers with the review and drafting of construction and joint venture contracts and tender documents. He also has extensive experience with builder's lien disputes.
Brian represents major institutional clients in complex multi-party litigation and is involved in domestic and international mediation and arbitration with respect to significant commercial disputes. Brian also appears before administrative tribunals and all levels of courts in Alberta.
In addition to extensive commercial litigation experience, Brian has also worked as in-house legal counsel for a TSX-Listed oil and gas drilling company and a large manufacturing company in the State of Qatar.
Brian is a former Executive Committee Member for the National Construction and Infrastructure Law Section of the Canadian Bar Association and has volunteered with Calgary Legal Guidance and the Student Legal Assistance Society (Calgary).
Brian currently serves as a Director for the Calgary International Language Foundation (a sister society to the Calgary French and International School Society).
Recent Recognitions
Recent Insights, News & Events
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Navigating US-Canada Tariff Tensions: Managing Risk in Construction Contracts
Blog / March 10, 2025
Driven by growing housing needs, clean energy policies and a high volume of telecommunications transactions, demand for Canadian infrastructure projects have been rising. However, recently announced US tariffs on Canadian goods and reciprocal Canadian tariffs (collectively, the Tariffs) threaten to undermine this positive trend.
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Bennett Jones Top Ranked in Chambers Canada 2025
Announcements / September 26, 2024
Bennett Jones is proud to have once again been recognized as one of Canada’s leading law firms across 41 practice areas, with 135 lawyer rankings in Chambers Canada 2025. These rankings reflect the deep trust our clients place in us to solve their most complex legal matters and underscore our lawyers' extensive understanding of their industries and businesses, enabling us to consistently deliver an exceptional experience. In this year's guide, Bennett Jones has 10 Band 1 practice rankings, 20 Band 1 lawyer rankings and 10 newly-ranked lawyers. In addition to this year's rankings, Bennett Jones was awarded Class Action Law Firm of the Year and was a finalist for Real Estate Law Firm of the Year.
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Prompt Payment Update—Alberta's Court of King's Bench Concludes Adjudicator Decisions under the PPCLA are Independent of Lien Validity
Blog / August 08, 2024
In 2022, amendments to the Prompt Payment and Construction Lien Act (PPCLA) introduced a prompt payment and related fast-track adjudication process. Recently, in Welcome Homes Construction Inc v Atlas Granite Inc, the Alberta's Court of King's Bench interpreted these provisions, considering how they relate to the lien process under the PPCLA. Prior to this case, Alberta courts had not considered the intersection of the adjudication process and the lien process under the PPCLA.
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Understanding Prompt Payment Adjudication in Construction
Articles / June 28, 2024
Brian Reid, Vasilis Pappas, Chris Petrucci and Chris Abtosway write in ReNew Canada about how the wave of prompt payment legislation sweeping across the country offers construction stakeholders adjudication, a new dispute resolution that comes with its own advantages and disadvantages. They take an in-depth look at why strategic decisions made before, during and after the adjudication process can have far-reaching implications. Pitfalls may await those navigating the intersection of adjudication, court and arbitral processes.
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Duty Calls: BCCA Considers Duty of Care Owed by Structural Consultants to Building Owners
Blog / June 19, 2024
The British Columbia Court of Appeal recently held that structural consultants have a prima facie duty of care to the owner of a building to ensure that the building does not contain defects that pose a foreseeable danger to the health and safety of its occupants.
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Lexpert’s Leading Canadian Infrastructure Lawyers 2024
Announcements / May 15, 2024
Bennett Jones, the firm that businesses trust with their most complex legal matters, is proud to have 18 lawyers ranked in the 2024 Lexpert Special Edition of Canada’s Leading Infrastructure Lawyers. The issue profiles the emergence of new legal tools amid evolving government policy goals, focusing on the dynamic intersection of law and infrastructure innovation, and offering insights into transformative projects and regulatory frameworks that shape the future of development.
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How Liquid is Your Letter of Credit?
Blog / March 25, 2024
Other than cash, a standby letter of credit (LoC) is generally considered the most liquid form of performance security. While beneficiaries generally believe drawing on an LoC should be a relatively simple process, many do not understand the extent to which the counterparty could try to stop you. This issue was addressed in Pacific Atlantic Pipeline Construction v Coastal Gaslink Pipeline Ltd (2023) ABKB 736.
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Prompt Payment Update—Ontario Superior Court Confirms Adjudicator's Decision Is Not Final
Blog / November 08, 2023
The enactment of prompt payment and fast-track adjudication legislation across Canada has created some uncertainty regarding the finality of an adjudicator's decision. In the recent decision of the Ontario Superior Court of Justice (SCJ), Arad Incorporated v Rejali, 2023 ONSC 3949 [Arad], the SCJ considered this issue and held that the adjudicator's decision was not a final determination of the parties' legal rights.
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Bennett Jones Top Ranked in Chambers Canada 2024
Announcements / September 28, 2023
Bennett Jones has been recognized as one of Canada’s leading law firms across 39 practice areas, with 124 lawyer rankings in Chambers Canada 2024. In this year's guide, Bennett Jones has 11 Band 1 practice rankings, 21 Band 1 lawyer rankings and 10 newly-ranked lawyers. In addition to this year's rankings, Bennett Jones was awarded Real Estate Law Firm of the Year and was a finalist in Projects and Energy Law Firm of the Year.
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Alberta Prompt Payment And Construction Lien Act—Court Confirms 180 Day Deadline To Commence An Action
Blog / April 04, 2023
Benjamin Franklin once said, "lost time is never found again". A recent case from the Alberta Court of King's Bench confirms the truth of this statement for any lienholder seeking to initiate a Statement of Claim past their agreed upon deadline to do so.
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Chambers Global Ranks Bennett Jones Lawyers in 2023 Edition
Announcements / March 06, 2023
Bennett Jones has 50 lawyer rankings across 19 practice areas in Chambers Global 2023. Chambers and Partners is an independent research company operating across 200 jurisdictions delivering detailed rankings and insight into the world's leading lawyers.
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Land Rich, Cash Poor: The Impacts of the PPCLA and Statutory Trusts on Builders' Liens
Blog / February 06, 2023
The PPCLA permits the removal of a lien where security is given or payment is made into court to stand in place of the project lands. The PPCLA also imposes a trust over funds paid out after the issuance of a certificate of substantial performance with the recipient holding such funds in trust for unpaid subcontractors and suppliers.
In Tempo Alberta Electrical Contractors Co Ltd v Man-Shield (Alta) Construction Inc, 2022 ABCA 409, the Alberta Court of Appeal considered the interplay between these provisions and held that where funds paid into court to discharge a lien are impressed with a statutory trust, the payor cannot replace the funds with a lien bond.
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Bennett Jones Shines In Legal 500 Canada Rankings
Announcements / November 09, 2022
Bennett Jones has been recognized as a top-tier firm in five practice areas in the 2023 Legal 500 Canada guide: Aviation, Cannabis, Dispute Resolution: Alberta, Environment and Oil and Gas.
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Third Party Rights Not Absolute Bar on Rescission of Bonds Issued Due to Fraudulent Misrepresentation
Blog / October 06, 2022
Bonds are commonly used on construction projects in Canada to provide security for owners, subcontractors and other parties supplying labour and materials in the event of an insolvency or other performance failure. However, in the recent Ontario Court of Appeal decision of Urban Mechanical Contracting Ltd v Zurich Insurance Company Ltd, 2022 ONCA 589, the ability of an innocent third party to bring a claim under a bond may be called into question.
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Prompt Payment and Construction Lien Act Now in Force in Alberta—What You Need to Know
Blog / September 22, 2022
In an attempt to reduce delayed payment periods in Alberta, on August 29, 2022, the Prompt Payment and Construction Lien Act came into force replacing the Builder's Lien Act. Although most of the BLA was incorporated into the PPCLA, there are a number of significant changes including, most significantly (1) a mandatory prompt payment requirement for "proper invoices", and (2) a fast-track adjudication (dispute resolution) procedure
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Spring 2022 Commercial Litigation Update
Event / June 28, 2022
Please join the Bennett Jones Commercial Litigation group for a special presentation on updates in the commercial litigation landscape for 2022 and beyond. Topics discussed will include class actions on the rise; contractual performance in an era of pandemics, wars and supply chain disruptions; and recent cases of interest.
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Lexpert’s Leading Canadian Infrastructure Lawyers
Announcements / June 22, 2022
Thirty-eight Bennett Jones lawyers are ranked in the 2022 Lexpert special edition of Canada’s Leading Infrastructure Lawyers. The issue profiles Lexpert-ranked lawyers in business-related litigation and appears in June’s Report on Business Magazine in the Globe and Mail.
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Alberta's New Prompt Payment & Construction Lien Act Update
Event / May 10, 2022
Please join the Bennett Jones Construction group on Tuesday, May 10, 2022, for a special presentation on Alberta's newest update on Bill 37, the Prompt Payment & Construction Lien Act (PPCLA).
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Prompt Payment Legislation in Alberta: Coming to Alberta on August 29, 2022
Blog / March 23, 2022
The Alberta Government has now confirmed that the Builders’ Lien (Prompt Payment) Amendment Act, 2020 will come into force on August 29, 2022, when the Alberta Builders' Lien Act, will become the Prompt Payment and Construction Lien Act. On February 25, 2022, the Alberta Government also released the long awaited Prompt Payment and Adjudication Regulation which provide further clarity regarding the PPCLA.
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Alberta's New Prompt Payment & Construction Lien Act: A Practical Overview
Event / November 30, 2021
Please join us on Tuesday, November 30, 2021, for a special presentation on Alberta's newest update in construction industry governance, Bill 37.
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36 Bennett Jones Lawyers Ranked in Lexpert Special Edition on Infrastructure
Announcements / August 05, 2021
Thirty-six Bennett Jones lawyers are ranked in the 2021 Lexpert Special Edition: Infrastructure 2021.
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Prompt Payment Legislation in Alberta: More Changes and Clarifications
Blog / April 13, 2021
On October 21, 2020, following other Canadian jurisdictions, Bill 37, Builders' Lien (Prompt Payment) Amendment Act, 2020, passed its first reading in the Legislature of Alberta. If Bill 37 receives royal assent, it will, following proclamation, amend Alberta's Builders' Lien Act (BLA) and become the Prompt Payment and Construction Lien Act (PPCLA).
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Prompt Payment Legislation in Alberta: Changes and Clarifications
Blog / November 17, 2020
On October 26, 2020, we provided an overview of the key features of Bill 37, Builders' Lien (Prompt Payment) Amendment Act, 2020, which is intended to amend the Alberta Builders' Lien Act and become the Prompt Payment and Construction Lien Act. On October 28, 2020, Bill 37 passed its second reading in the Legislature of Alberta and on November 4, 2020, an amendment to Bill 37 titled Amendment A1 was carried. This amendment made substantial modifications to Bill 37.
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Prompt Payment Legislation Coming Soon to an Alberta Construction Project Near You
Blog / October 26, 2020
Cash flow and payment delays due to disputes are a critical concern for construction companies who rely on the timely receipt of funds to maintain operations and pay subcontractors and suppliers. The introduction of prompt payment legislation is intended to address these issues. On October 21, 2020, following other Canadian jurisdictions, Bill 37, Builders' Lien (Prompt Payment) Amendment Act, 2020, passed its first reading in the Legislature of Alberta. If Bill 37 receives royal assent, it will, following proclamation, amend Alberta's Builders' Lien Act (BLA) and become the Prompt Payment and Construction Lien Act.
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39 Bennett Jones Lawyers Ranked as Infrastructure Leaders
Announcements / September 03, 2020
39 Bennett Jones lawyers are ranked in the Lexpert Special Edition – Canada's Leading Infrastructure Lawyers. Ranked lawyers are based in the firm's Calgary, Edmonton, Toronto and Vancouver [...]
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Capital Projects Group Referenced in the Daily Commercial News
In The News / July 08, 2020
Two articles written by members of the Bennett Jones Capital Projects team were referenced in "Legal Notes: Planning ahead for the post-COVID-19 legal storm," written by John Bleasby and published on the Daily Commercial News. The articles Post-Pandemic Construction Claim Planning—A Practical Approach (by Brian Reid, Jason Roth and Geoff Stenger) and Claims Committees and Disputes in the Construction Industry (by John Craig QC, Jason Roth, Charlene Hiller and Justin Duguay) offer guidance on operating in a COVID-19 world.
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Post-Pandemic Construction Claim Planning—A Practical Approach
Blog / June 17, 2020
The COVID-19 pandemic is having a profound impact on construction projects across Canada causing delays, lost productivity, increased costs and lost profits. To mitigate the impact of these risks, it is imperative that parties across the contractual chain implement proactive identification and management steps. Below is a high-level overview of the most common types of claims expected as a result of the pandemic, and practical considerations for mitigating these risks.
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Mandatory Tender Conditions: A Promise to Comply Is Enough
Blog / May 12, 2020
The Alberta Court of Appeal recently confirmed in Aquatech Canadian Water Services Inc v Alberta (Minister of Environment and Parks), 2020 ABCA 153 that for a bid to be valid, a tenderer does not need to meet all mandatory conditions of a tender, provided that the tenderer commits to meeting them by the time the work is to be performed.
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Supreme Court May Consider Enforceability of Liquidated Damages
Blog / October 04, 2019
On July 11, 2019, the Supreme Court of Canada (the SCC) granted leave to appeal from the Alberta Court of Appeal's decision in Capital Steel Inc v Chandos Construction Ltd, 2019 ABCA 32 [Chandos]. In [...]
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Construction Project Insurance
Speaking Engagements / March 14, 2019
Christopher Petrucci, Brian Reid, Bruce Mellett and John Craig present "Construction Project Insurance" at the Bennett Jones Construction Breakfast Seminar. Ensuring that owners and contractors have sufficient
insurance coverage for construction and infrastructure
projects is a key consideration early in every project's life
cycle. At the other end of the spectrum, coverage disputes
commonly arise where insured parties seek to recover costs
and losses under applicable policies.
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The Blame Game: Determining Responsibility for Project Delays
Speaking Engagements / March 08, 2018
While construction delays are common on most projects, allocating responsibility for these delays can be extremely difficult, particularly where multiple parties may be at fault.
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Part 2: Unpaid Subcontractors Beware
Blog / February 23, 2018
On September 14, 2016, we published Unpaid Subcontractors Beware, which commented on the Court of Appeal's decision in Valard Construction Ltd v Bird Construction Company, 2016 ABCA 249. In that decision, [...]
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Know Your Law: Recent Cases of Significance to the Construction Industry
Speaking Engagements / September 27, 2017
Christopher Petrucci, Jennie Buchanan, Brian Reid, Jason Roth, and Geoff Stenger presented at "Know Your Law: Recent Cases Of Significance To The Construction Industry" at the Bennett Jones' Calgary office.
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Planning for Construction Success
Blog / September 22, 2017
Regardless of project size or scope, a comprehensive and tailor-made written construction contract provides the foundation for success. At a project's outset, it is also imperative that owners understand [...]
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The Top 10 Questions from Clients on Construction and Infrastructure Projects
Speaking Engagements / February 08, 2017
Construction and infrastructure projects give rise to a broad range of legal
issues that require careful consideration to ensure that legal risks are
minimized and project budget and schedule are maintained. As advisors on a
broad range of projects, our construction and infrastructure team provides
answers to clients on a wide range of issues spanning many different areas of
the law. Speaking at this event are Geoff Stenger, Jason Roth, Bruce Mellett, Brian Reid, Chris Petrucci and Kelsey Meyer.
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Summer Tendering Update: Reasonable Expectations and Negative Contingencies
Blog / October 13, 2016
A recent decision from the Alberta Court of Queen's Bench and Court of Appeal in Elan Construction considered and clarified two aspects of tendering law.
In Elan Construction Limited v South Fish Creek [...]
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Bennett Jones Construction Breakfast Seminar
Speaking Engagements / October 05, 2016
Construction and infrastructure projects give rise to a broad range of legal issues that require careful consideration to ensure that legal risks are minimized and project budget and schedule are maintained. As advisors on a broad range of projects, our construction and infrastructure team provides answers to clients on a wide range of issues spanning many different areas of the law. Geoff Stenger, Jason Roth, Tom McInerney, Brian Reid, and David Wahl presented.
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Unpaid Subcontractors Beware
Blog / September 14, 2016
Alberta Court of Appeal confirms no duty to disclose existence of labour and material bond unless asked
By Brian P. Reid, Chistopher Petrucci and Michael Low
Labour and material payment bonds (L&M Bonds) [...]
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Alberta Judge Upholds No-Fault Provisions of CAODC Master Daywork Contract
Blog / August 31, 2016
The Alberta Court of Queen's Bench recently upheld the no-fault provisions of the standard form, Canadian Association of Drilling Contractors (CAODC) Master Daywork Contract (MDC) in Precision Drilling [...]
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CBA Construction and Infrastructure Law Conference 2016
Speaking Engagements / April 01, 2016
Geoff Stenger spoke at the Contract Security/Construction Financing session of the CBA's 2016 Construction and Infrastructure Law Conference in Banff, AB. Brian Reid spoke on Developments in Alberta in the Cross-Canada Checkup session.
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Unanticipated Site Conditions - Beware the Danger Below
Blog / December 07, 2015
Brad Gould Trucking & Excavating Ltd v Bird Construction Co, 2015 NBCA 47
The recent New Brunswick Court of Appeal decision in Brad Gould Trucking & Excavating Ltd v Bird Construction Co, 2015 NBCA 47 [...]
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Oil and Gas, Mines and Minerals
Articles / November 18, 2014
When registered in accordance with the Alberta Builders' Lien Act, a builders' lien provides security for unpaid contractors, labourers and suppliers who have "improved" lands. This includes those providing materials or services in connection with the recovery of a mineral on an oil and gas well site. Published in the November 2014 edition of The Negotiator, the magazine of the Canadian Association of Petroleum Landmen (CAPL).
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Oil & Gas, Mines & Minerals - Security under the Alberta Builders' Lien Act
Blog / June 24, 2014
When registered in accordance with the Alberta Builders' Lien Act (BLA), a builders' lien provides security for unpaid contractors, labourers and suppliers who have "improved" lands. This includes those [...]
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Bennett Jones Welcomes New Partners for 2013
Announcements / March 09, 2013
At the annual meeting of the Partners of Bennett Jones LLP this past weekend, it was resolved that these eight talented lawyers be admitted to the partnership.
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