Tom Brookes Partner


Speaks:  English

Year of Call: 2016 - Alberta

Primary phone: +1 403-298-1093

Fax: +1 403-263-9193

Email: tom.brookes@gowlingwlg.com

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Primary office:  Calgary



Tom Brookes

Tom Brookes is a partner in the Calgary office of Gowling WLG, practising in construction law.

Tom advises clients at all levels of the construction chain, including subcontractors and suppliers, general contractors, owners, municipalities, and ministers. He has represented clients through both litigation and alternate dispute resolution procedures, including mediation and arbitration. His construction law experience includes the following areas:

  • Builders' liens
  • Contract disputes
  • Construction claim preparation and analysis
  • Bonding claims
  • Tendering law

Prior to joining Gowling WLG, Tom practised at a litigation boutique specializing in construction law. Tom has appeared at all levels of court in Alberta.

Career & Recognition

Filter timeline:
  • 2016

    • Qualifications (Year of Call/Admission, etc.)
       2016
      Year of Call, Alberta
  • 2015

    • Education
       2015
      University of Toronto, JD
    • Education
       2015
      University of Toronto, MA
  • 2012

    • Education
       2012
      University of Calgary, BA (Honours with distinction)

Memberships

  • Law Society of Alberta
  • Calgary Bar Association

Publications

T. Brookes, "Unanswered Questions from Alberta's Prompt Payment and Construction Lien Act." Construction Law Letter. Vol 39, No. 1, pages 4-7, September/October 2022.

T. Brookes, "Getting Ready for Prompt Payment." The Constructor (2022), pages 100-101. 

T. Brookes and W. D. Goodfellow, "Protect the Integrity of the Entire Tendering Process, Not the Particular Project." Construction Law Letter. Vol 35, No. 3, pages 1-7, January/February 2019.

T. Brookes and W. D. Goodfellow, "Not All Case Law is Good Law." Construction Law Letter. Vol 35, No. 2, pages 11-13, November/December 2018.

Speaking Engagements

Panellist, "Prompt payment, construction lien revisions, and trust provisions," ADR Institute of Alberta's Construction Adjudication Prompt Payment Symposium, April 20, 2023.

Representative Work

  • Advising provincial departments on healthcare and civil construction projects.
  • Advising contractors on major P3 projects.
  • Advising owners of commercial and residential projects in respect of multimillion-dollar lien claims.
  • Advising a municipality in a faulty design claim against a general contractor.
  • Advising major bridge contractors in multimillion-dollar delay claims.
  • Advising contractors in respect of tendering disputes with provincial departments, municipalities, and private owners.

Reported Decisions

  • Shepard Development Corporation v Condominium Corporation No. 0313166, 2023 ABCJ 129 (regarding road remediation)
  • CANA Management Ltd v Condominium Corporation No. 0513341, 2021 ABQB 470 (regarding the Builders' Lien Act)
  • Graham Construction and Engineering Inc v Alberta (Infrastructure), 2021 ABQB 184 (regarding the Public Works Act)
  • Whissell Contracting Ltd. v Calgary (City), 2018 ABCA 204 (regarding summary judgment of a construction claim)