David de Groot, partner at Burnet, Duckworth & Palmer LLP, is a leading construction and commercial litigator with a national practice focused on complex disputes arising from major infrastructure, industrial, and commercial projects. He regularly represents owners, general contractors, and subcontractors in construction litigation involving bid and tender disputes, surety bond claims, delay and deficiency claims, faulty workmanship, and builders’ liens. David also advises on the drafting of construction contracts and risk allocation strategies.
In addition to construction matters, David has a strong commercial litigation practice, acting in business partner and shareholder disputes, including oppression remedies, partnership dissolutions, and valuation and forensic accounting issues. He also has significant experience in labour and employment matters, particularly within the construction sector, including appearances before labour relations boards and in grievance arbitrations.
Graham Construction and Engineering LP v. City of Toronto – The City of Toronto contracted with Graham Construction and Engineering LP for the construction of the Ashbridges Waste Water Treatment Plant. Numerous changes to site conditions resulted in major scope changes and delays.
ARC Resources Ltd.'s $8.1 billion combination – Counsel to ARC Resources Ltd. in its $8.1 billion strategic Montney combination with Seven Generations Energy, resulting in ARC becoming Canada’s largest condensate producer, third‑largest natural gas producer, and sixth‑largest upstream energy company.
Successful leave to appeal to the Supreme Court of Canada on behalf of Peace River Hydro Partners – Lead counsel in Peace River Hydro Partners, et al. v. Petrowest Corporation, et al., involving whether a receiver can disclaim an arbitration clause while enforcing the underlying contract.
- Represented a roofing company seeking $6.5M from fire damages – Lead counsel defending a roofing company in a $6.5M claim arising from a fire at a downtown Calgary commercial construction site. Successfully opposed an insurer’s application to have actions tried together and to lift the implied undertaking. (Center Street Limited Partnership v Lloyd’s Underwriters, 2017 ABQB 295).
- Arbitration
- Commercial
- Commercial disputes
- Construction
- Dispute resolution
- Energy and construction
- Government and regulatory
- Insurance
- Labor and employment
- Construction and materials
- Energy
- Government and public policy
- Industrials
- Insurance
- Oil and gas
- Certificate in Construction Law, Osgoode, 2016
- Law Clerk, Court of Appeal for Ontario: O'Connor A.C.J.O., and Doherty, Gillese and Epstein JJ.A, 2007–2008
- Juris Doctor (Honours), University of Toronto, 2007
- Master of Arts (Dean's Key Recipient), University of Calgary, 2004
- Bachelor of Arts (with Distinction) (Silver Medalist) (Canada Graduate Scholarship Recipient), University of Calgary, 2002
- Member, Law Society of Alberta
- Member, Canadian Bar Association
- Member, Calgary Bar Association
- Fellow, Canadian College of Construction Lawyers
- Director, Society for Construction Law, North America
- Fellow, Litigation Counsel of America
- Alberta, 2008
- British Columbia, 2023