Sharon C. Vogel  

Partner

Executive Summary

Sharon Vogel is National Leader of BLG's Construction Group. A partner in the Toronto office, Sharon has a thriving construction practice, working primarily on matters involving construction disputes relating to large-scale infrastructure, industrial, and commercial projects including highways, railways, tunnels, pipelines, mines, industrial facilities, hospitals, manufacturing plants, commercial buildings and condominiums in various jurisdictions.

Sharon specializes in the negotiation, mediation, arbitration and litigation of construction disputes, including construction liens, trust claims, delay claims, surety bond claims, construction insurance claims, and architects' and engineers' errors and omissions claims.  She has appeared at all levels of court, including the Ontario Superior Court, Court of Appeal and the Supreme Court of Canada.

She has extensive experience drafting construction contracts on behalf of owners, developers, general contractors, subcontractors, and suppliers.

Sharon acted as co-counsel for the Ontario Government in conducting a review of Ontario's Construction Lien Act.

Sharon is recognized in Chambers Canada – Canada's Leading Lawyers for Business (Construction). She has been selected by peers for inclusion in The Best Lawyers in Canada, is recognized by Who's Who Legal, has been peer review rated 4.6 out of 5 by Martindale-Hubbell® AV® Preeminent™, and is recognized as a leading lawyer in the Lexpert Directory (Construction) and in Lexpert's Special Edition on Infrastructure. Sharon is also recognized as a certified specialist in construction law by the Law Society of Upper Canada and is a fellow of the Canadian College of Construction Lawyers.


 
Bruce Reynolds and Sharon Vogel discussing the Construction Lien Act Review.


 
Bruce Reynolds and Sharon Vogel appeared before the Senate Committee on Banking, Trade and Commerce to discuss the Construction Lien Act Review.

Representative Work

  • Representing owners and general contractors in dispute resolution including mediation, arbitration and litigation.
  • Drafting and negotiating various forms of construction contracts on behalf of owners, developers, general contractors, subcontractors and suppliers.
  • Representing surety bonding companies in claims related to construction projects, including performance bond claims and labour and material payment bond claims.
  • Advising construc​tion clients in respect of construction projects in Canada’s North as a member of BLG’s Team North® Group.
  • Managing complex  construction cases involving multiple parties and large volumes of documents, including:
    • Counsel to a general contractor in respect of a CDN$500 Million direct strip production complex, defending 56 Claims for Lien aggregating in excess of CDN$80 Million.
    • Counsel to an EPCM Project Manager in a CDN$300 Million mining dispute.
    • Counsel to a joint venture design-builder in respect of its CDN$200 Million claim in relation to a PPP Highway Project.
    • Counsel to an EPC Contractor for a large hydro-electric project in respect of its CDN$100 Million cost over-run claim
    • Counsel to a large institutional owner regarding the CDN$180 Million claim of its general contractor.

Publications & Presentations

Publications

Books and Reports

  • Co-Author, "Striking the Balance: Expert Review of Ontario's Construction Lien Act," Independent Report to the Ministry of the Attorney General, 2016.
  • Co-Author, A Guide to Canadian Construction Insurance Law, Carswell, 2013.
  • Author, Chapter: “Construction Insurance”, Bullen, Leake & Jacob’s Canadian Precedents of Pleadings, Second Edition, 2013
  • Co-Author, Chapter: “Canada,” Construction and Infrastructure Disputes (London: Globe Law and Business, 2013)
  • Author, Chapter: “Recent Developments in Construction Insurance,” Review of Construction Law: Recent Developments, Carswell, 2012
  • Co-Author, "Getting the Deal Through: Construction 2017", Law Business Research Ltd, 2008-17
  • Co-Author, Doing Business, World Bank 2009-15 (with Bruce Reynolds).

Articles

  • Co-Author, “Are Construction Defects Covered Property Damage in an Insurance Contract”, Construction Law Letter, Volume 33 no. 5, 2017
  • Co-Author, “Mind the Gap-Professional Liability Insurance and Possible Regulatory Changes to the Standard of Care”, Construction Law Letter, Volume 33 no. 3, 2017
  • Co-Author, "Legal Aspects of Building Information Modelling: A World View (Part 1)", CLInt, December 2016.
  • Co-Author, "Changing the Legal Landscape of the Interpretation of Builder's Risk Insurance Policies in Canada: Life after Ledcor," Construction Law Letter, November/December 2016
  • Author, "Evolution of Builder's Risk Insurance in Canada: A Brave New World for Resulting Damages", Journal of Canadian College of Construction Lawyers, 2016
  • Co-Author, "Renovating Construction Liens," The Lawyers Weekly, November 18, 2016
  • Co-Author, “No Satisfaction: Limitations of Liability in Condo Deficiency Case,” online: Construction and Infrastructure Law Section, Ontario Bar Association, April 2014.  
  • Author, "Condominium Construction Deficiencies — Buyer Beware," building.ca, February 2014.
  • Co-Author, "The Legal Side of Green," ReNew Canada, September 2013.
  • Co-Author, "What goes up sometimes comes down hard," The Lawyers Weekly, June 7, 2013.
  • Author, "Green building risk: Insuring a green construction project," Skylines, June 2013.
  • Co-Author, "What goes up sometimes comes down hard," The Lawyers Weekly, June 2013.
  • Author, "​Ensuring projects are adequately insured key to project success," Daily Commercial News, April 2013.
  • Author, "The "Hired Guns" have been silenced: Courts cracking down on the Admissibility of Expert Reports", Nuts & Bolts, Volume 27, No. 2, February 2013.

Presentations

  • Co-Speaker, “Construction Lien Act Review”, Canadian College of Construction Lawyers, May 2017
  • Speaker, “IPFA Americas: Toronto P3 Disputes Resolution Mechanism”, April 2017
  • Speaker, “The Dispute Resolution Board – The Alternative Remedy and Tips for Using It”, Construction Law: Lien and Arbitration Advocacy, The Advocates’ Society, April 2017
  • Co-Lecturer, "Dispute Resolution on P3 Projects", Osgoode Certificate in Public‑Private Partnerships, March 2017
  • Co-Speaker, "Striking the Balance: Expert Review of Ontario's Construction Lien Act, American College of Construction Lawyers, March 2017
  • Speaker, "Standing Senate Committee on Banking, Trade and Commerce," Senate of Canada, February 2017
  • Co-Speaker, "Construction Lien Act Review", Construct Canada Breakfast, December 1, 2016
  • Lecturer, "Construction Insurance Law", Osgoode Certificate Course, November 25, 2016
  • Co-Speaker, "Construction Lien Act Review", CDAO, October 24, 2016
  • Speaker, "Dispute Resolution Provisions and Competing Proceedings", The Unique World of Construction Law Arbitrations and Mediations, OBA, October 7, 2016
  • Co-Chair, "BIM Progress in Adoption and the Legal and Contractual Implications", IBA Annual Conference, September 22, 2016
  • Speaker, "Construction Lien Act - Report Overview," Ontario Ministry of the Attorney General, September, 2016.
  • Co-Speaker, "Infrastructure contract Delivery Models: Differently Shaped Pegs for Differently Shaped Holes", AACE Annual Meeting, June 27, 2016
  • Co-Presenter, "Insurance and Surety", Osgoode Professional LLM, Construction Law, June 2, 2016
  • Speaker, "Achieving Work-Life Balance: The Unique Challenges Faced by Women", 3rd Women & Leadership in the Legal Profession, Federated Press, November 24, 2015
  • Lecturer, "Construction Insurance", Osgoode Certificate in Construction Law, November 28, 2015
  • Speaker, "Say It Ain't So Joe: Failed PPPs from Around the World", Annual Conference of the International Bar Association, Vienna, Austria, October 5, 2015
  • Course Leader and speaker, "Understanding a Policy of Insurance", Lexpert®: 3rd Annual Canadian Construction Insurance Law: New Ways to Manage Risk and Avoid Liability, Vancouver, June 8, 2015
  • Panelist, "Delivering Urban Transit Infrastructure: Front-End Structuring and Risk Allocation", Canadian Institute, May 27, 2015
  • Speaker, "Minimizing Green Construction Risk", 10th Minimizing Construction Risk conference, Federated Press, Toronto, ON, April 24, 2015
  • Program Co-Chair and moderator, "P3 Dispute Resolution" Infrastructure Development Primer Ontario Bar Association, March 24, 2015
  • Presenter, "Before, During and After-the-Fact: Current Trends in Approaches to Dealing with Unforeseen Site Conditions", Ontario Bar Association Hot Topics in Construction and Infrastructure Law, February 4, 2015
  • Presenter, "Insurance Coverage Issues in Construction Claims", 9th Construction Claims, Federated Press, December 11, 2014
  • Speaker, "Construction Insurance", Osgoode Certificate in Construction Law, November 28, 2014
  • Speaker, "Achieving Work-Life Balance: The Unique Challenges Faced by Women", 2nd Women & Leadership in the Legal Profession, Federated Press, November 25, 2014
  • Presenter, "Insurance Coverage Issues in Construction Claims", 9th Construction Claims, Federated Press, December 11, 2014
  • Speaker, "Construction Insurance", Osgoode Certificate in Construction Law, November 28, 2014
  • Chair and Co-Speaker, "Insurance, Insurance, Insurance", Building for the Future, Canadian Bar Association Law Conference, September 19, 2014
  • Co-chair and Course Leader, “Builder’s Risk Policies”, “Commercial General Liability Policies”, and “Professional Liability Policies”, Lexpert®: Latest Developments in Canadian Construction Insurance Law: New Ways to Manage Risk and Avoid Liability, June 2014
  • Co-Chair and Presenter, “Condominium Construction Deficiency Claims”, Ontario Bar Association Hot Topics in Construction Law, April 10, 2014.
  • Speaker, “Leading Types of Claims”, 8th Construction Claims conference, Federated Press, Toronto, ON, December 2013
  • Lecturer, Construction Insurance Law, Osgoode Certificate Course, November 22, 2013.
  • Panel Speaker, “Lessons in Leading People”, Women & Leadership in the Legal Profession, Federated Press, November 6, 2013
  • Speaker, Insuring the Construction Project, Canadian Bar Association Webinar, October 29, 2013.
  • Co-Chair and Presenter, "Commercial General Liability Policies" and "Builder’s Risk Policies", Lexpert®: Canadian Construction Insurance Law, a Roadmap to Risk Management, Toronto, ON and Vancouver, BC, June 2013.
  • Speaker, "Critical Risk Transfer Mechanisms on a Construction Project", Construction Best Practices conference, Informa Canada, Toronto, ON, May 2013.
  • Speaker, "Avoiding Risks Associated with the Expiry of Limitations", 9th Minimizing Construction Risk conference, Federated Press, Toronto, ON, May 2013.
  • Speaker, "A Guide to Canadian Construction Insurance Law", Carswell webinar, March 2013.

​Features

  • Featured, "CEO Power Breakfast, Striking a fine balance – The two masterminds behind the Lien Act Review discuss the challenges in balancing freedom of contract with the need for more regulation," Builders' Digest, 2017.
  • GTA Construction Report, Women in Construction, September, 2014
  • Law Practice Today, Meet the Women Rainmakers!, October 2012

Rankings & Recognitions