Andrew J. Banack
Apollo Holdings Inc.
Sectors of Practice
Mr. Banack was in the inaugural group that completed the Certificate Program in Construction Adjudication through the ADR Institute of Canada and RICS. This program built on my previous knowledge and experience in construction and dispute resolution. He is a Qualified Arbitrator who has completed numerous construction and business contract arbitration files as sole arbitrator. These disputes included:
- Business valuation of a construction company during an ownership/shareholder buyout dispute. Valuation of over $1M.
- Custom single family home construction dispute involving specified deliverables, extra work items, responsibility for delays (and cost of delays), cancellation of contract (including assessing costs), and value of work completed. Valuation of over $700,000.
- Renovation construction dispute regarding specifications, materials used, cost and delays. Valuation of $50,000.
- Business dispute regarding return of deposit on termination of the contract. Value of $25,000.
- Building construction dispute over final payment. Defendant offset cost of delays, material, and labor against final payment to Plaintiff. Value of $30,000.
- Roofing repair dispute regarding failure to pay and subsequent warranty issues that were not addressed. Value of $20,000.
In addition to this experience in arbitration, He has acted as an expert advisor to counsel or expert witness on several disputes. Cases were related to roadway design, earthworks construction, building design and construction, foundation design and construction and structural damage to adjacent structures during demolition and construction. He has extensive experience in writing, interpretation and execution of construction and business contracts. As the executive or senior manager, he was responsible for preparing, vetting and execution of large construction projects in the transportation, development, and resource development sectors. Assessing financial and corporate risk required careful evaluation of contractual requirements for managing and delivering the projects.
Professional experience includes consulting engineering, major resource site development, highway construction and maintenance, manufacturing, and waste containment, single and multi-family home construction, and residential development. For the past twenty-five years I have worked in executive management roles with overall responsibility for all business functions. My analytical and critical thinking skills are well developed and have helped to ensure success in the business ventures I have pursued. I am experienced in and familiar with all aspects of construction and business operations including engineering design, construction management, business development, sales and marketing, finance, accounting and administration, product development, production and construction, quality control, and safety.
As a senior project engineer, business owner and developer, I have been involved with preparing, bidding, and executing major construction contracts as the Owner, Engineer, Contractor and Sub-Contractor. Invariably these contracts involved technical and administrative interpretations. Although most disputes were resolved by direct negotiation between the parties, I have had several disputes move to either arbitration or legal proceedings for resolution. Direct participation in the resolution of these disputes has provided me with a realistic understanding of each party’s role during the dispute resolution process.
ADR Training & Qualifications
• Certificate Program in Construction Adjudication – ADR Institute of Canada (2021)
• Certificate Program in Mediation – ADR Institute of Alberta (2019)
• Certificate Program in Arbitration – ADR Institute of Alberta (2012)
• Mediation Role Play Seminars – 10 hours – 2020 (ADRIA)
• Role Play Participant for Mediation Examination – 4 hours – 2020 (ADRIA)
• Med-Arb Foundational Course – 17 hours – 2021 (ADRIC)
Other Professional Qualifications
• Masters in Business Administration – University of Alberta (1991)
• Bachelor of Science in Civil Engineering – University of Alberta (1984)
• Bachelor of Science – University of Alberta (1980)
Professional Qualifications and Memberships:
• Member of ADR Institute of Alberta
• Member of ADR Institute of Canada
• Member of Association of Professional Engineers and Geoscientists of Alberta (active)
• Member of Association of Professional Engineers and Geoscientists of Saskatchewan (inactive)
• Member of Northwest Territories and Nunavut Association of Professional Engineers and Geoscientists (inactive)
• Member of Association of Professional Engineers and Geoscientists of BC (inactive)