
Joshua is a prominent construction lawyer with a unique combination of private practice and in-
house experience, underscored by his civil engineering background. This expertise enables him
to address complex construction challenges with precision and deliver tailored legal solutions.
His technical knowledge, strategic insight, and industry leadership make him a go-to advisor for
complex legal issues in construction.
Josh’s practice spans the construction lifecycle, from advice on the best project delivery model;
procurement, contract drafting and negotiations; course-of-project advice and claim
management; to dispute resolution. While his practice spans all construction verticals, he has
particular expertise in large-scale design-build projects, including complex transit infrastructure
projects.
Joshua co-founded Margie Strub Construction Law in 2020 and has grown it to be recognized by
the Globe and Mail and Statista as one of Canada’s best law firms for construction law. He has
also earned accolades from Best Lawyers, Lexpert, Benchmark Litigation, and from Thomson
Reuters as a Stand-Out Lawyer. His ability to deliver results has earned him the trust and loyalty
of his clients, particularly those managing high-value, technically challenging projects.
Prior to founding his firm, Joshua managed nationwide legal affairs for Canada’s largest track
and signal construction provider. It was there that Josh gained a deep understanding and
expertise in collaborative contracting (such as Alliance Contracting) and dispute resolution
strategies. Before going in-house, Josh worked at a boutique construction litigation firm where
he represented clients in large and complex disputes ranging up to $1 billion.
Joshua is also a dedicated educator and speaker, frequently presenting at industry conferences
and teaching the Construction Law course he co-founded at Western Law.
Experience
Representative Work
Bidding, Procurement, and Contracting
- Collaborative/Alliance Contracting and Progressive Design-Build
- Lead counsel for OneUnion Alliance in pursuit of the alliance contract for the
Union Station Enhancement Project - Counsel to a consulting firm providing advice to proponents of the High Speed 2
(HS2) Project in the UK, involving NEC3 contracts between HS2 and the selected
proponents as well as an overarching alliance agreement between HS2 and the
14+ selected proponents - Counsel to an underground mining company selected for a collaborative
contract in the nuclear energy industry - Counsel to consortiums involved in progressive design-build transit projects
- Lead counsel for OneUnion Alliance in pursuit of the alliance contract for the
- Contract Strategy and Contract Drafting
- Provided advice to numerous developers on the best contract structure to drive
value and limit risk to the developer, both when performing construction in-
house and when contracting to a third party contractor/construction manager - Prepared and negotiated both bespoke contracts and supplementary conditions
to CCDC contracts for a wide range of projects
- Provided advice to numerous developers on the best contract structure to drive
- Subcontracting and Procurement
- Developed a suite of subcontracts for use by a large specialty contractor to
address various subcontract relationships and risk profiles, inclusive of multiple
options for provisions that could be modified to suit the needs of the specific
relationship - Developed suites of subcontracts, consulting agreements, and purchase orders
for use by design-build transit consortiums - Developed procurement forms for procuring proposals and prices from
subcontractors and vendors
- Developed a suite of subcontracts for use by a large specialty contractor to
- Partnerships and Joint Ventures
- Developed and negotiated a partnership agreement between an EPC contractor
and a track installation trade along with the subcontract between the EPC
contractor and the partnership for a new 40km+ LRT project in Quebec - Developed and negotiated a joint venture agreement for the pursuit of a
regional rail transit project in Ontario - Developed and negotiated teaming agreements and memorandums of
understanding for pursuits of design-build projects
- Developed and negotiated a partnership agreement between an EPC contractor
- Operations and Maintenance
- Negotiated extensions to long-term track and signal maintenance agreements
for regional rail transit in Ontario - Represented a client in pursuit of a subcontract for the long-term maintenance
of the track and signal system of a new LRT project
- Negotiated extensions to long-term track and signal maintenance agreements
- Residential Development
- Counsel for numerous developers negotiating fixed price contracts, construction
management agreements, and design services agreements, for various
condominium and retirement home development projects
- Counsel for numerous developers negotiating fixed price contracts, construction
- Commercial and Industrial Development
- Counsel for developers in negotiating and restructuring construction
management and design services agreements for development of various
commercial and industrial facilities
- Counsel for developers in negotiating and restructuring construction
Dispute Advisory
Lead counsel for a design-build consortium, providing course-of-project claims and
dispute advice and services in respect of both upstream and downstream issues,
including substantial delays, cost overruns, supply chain and COVID-19 impactsLead counsel in an ICC arbitration related to delays, productivity losses, abandonment
and termination between a design-build contractor and a subcontractorLead counsel in an ad-hoc arbitration relating to delays, change in conditions, and
disputed extras associated with a subcontractor’s installation for an LRT projectLead counsel in an ad-hoc arbitration relating to delays and disputed extras associated
with a design-build subcontract for an operations, maintenance, and storage facilityLead counsel in an ad-hoc arbitration of delay and cost overruns claims related to
system integration of a microprocessor-based fixed-block signalling systemLead counsel in a dispute related to duct bank installations on an LRT project
Lead counsel in a dispute between a structural steel subcontractor and a design-builder
of a large entertainment facilityLead counsel for a subcontractor in a dispute with an LRT consortium related to delayed
handover of grade in the construction of a maintenance and storage facilityLead counsel for a subcontractor in a dispute with an LRT consortium related to delayed
handover of grade and concrete finishing issues for embedded rail on mainline transit
track constructionLead counsel for a track construction joint venture related to management of delay and
disruption claims on an LRT projectLead counsel for a track and signalling contractor in a dispute concerning the Union
Pearson Express Project, related to track construction issues, design deficiencies, system
integration (between a platform edge door system and the train control system), and
delay claimsCounsel for a tunneling contractor in a dispute with Metrolinx related to the tunneling
of the western portions of the Eglinton CrosstownCounsel for an EPCM contractor in an ad-hoc arbitration in defence of a $1Bn+ delay
and additional cost claim related to a mineral processing facilityCounsel for a general mechanical contractor in an international UNCITRAL arbitration, in
defence of a $220M delay and additional cost claim related to a sour gas processing
facility
Select Reported Cases
- SOTA Dental Studio Inc. v. Andrid Group Ltd., 2022 ONSC 2254 (Div. Ct.)
Awards and Recognition
- Stand-Out Lawyers, Thomson Reuters, 2025
- Best Lawyers in Canada, Construction Law, 2025
- Future Star, Benchmark Litigation, 2025
- Repeatedly Recommended, Construction Law, Lexpert
Professional Contributions
- Ontario Bar Association, Multiple Section Executives, Currently CPD Liason for Construction and
Infrastructure - Canadian Bar Association, Construction and Infrastructure Law Section, Member-at-Large,
- Western University, Faculty of Law, Co-Founder and Adjunct Professor, Construction Law
Course
- Transit Rail Association for Canadian Contractors, Maintainers and Standards (TRACCS),
Associate Director - Camp Ramah in Canada, Former Board Member; Former Chair, Facilities and Physical Plant
Committee; Former Chair, Governance Committee
Speaking and Publications
Speaking Engagements
- Panelist, Transit Project Progress and Lessons Learned: Status Report on Major Transit Projects
in Ontario and Quebec, Canadian Institute 11th Annual Urban Transit Infrastructure Symposium,
Eastern Canada, May 29, 2025 - Program Chair, Nailing Down the Key Issues for Getting Projects Built in Ontario, Ontario Bar
Association, November 27, 2024 - Panelist, The Canadian Institute, 17th National Conference on Navigating Risk in Construction
Contracts & Projects: Mastering Supplementary Conditions and Change Orders to Avoid the
“Franken” Contract, Resolve Disputes and Prevent Legal Action, 2025
- Panelist, Construction Superconference: Concurrent Delays: Take the Time, I’m Not Paying a
Dime, 2024 - Speaker, Canadian Institute of Quantity Surveyors 2024 Congress: The Real Public Private
Partnership: Alliancing, 2024 - Panelist, Canadian Institute, 16th National Conference on Navigating Risk in Construction
Contracts & Projects: Uncovering the Core Features of Integrated Project Delivery, Alliance, and
Progressive Design Build: A Blueprint for Critically Assessing the Suitability of These Contracts for
Your Project, 2024 - Panelist, Canadian Bar Association, Construction and Infrastructure Law Conference 2023:
Current Trends in Mid-Project Dispute Resolution, 2023 - Panelist, Canadian Institute, 7th Annual Conference on Managing Risk in Construction Contracts
& Projects, Eastern Canada Edition: Mastering the Use of Experts in ADR and Litigation, 2023 - Workshop Panelist, Canadian Institute, 7th Annual Conference on Managing Risk in Construction
Contracts & Projects, Eastern Canada Edition: Art of Construction Contract Negotiations, 2023 - Panelist, Construction Superconference: The Real Public Private Partnership: Alliancing, the
Future for Complex Infrastructure Projects, 2022 - Panelist, Canadian Institute of Quantity Surveyors 2024 Congress: Lessons Learned from
Alternative Finance and P3 Projects in Canada, 2022 - Panelist, Transit Rail Association for Canadian Contractors, Maintainers and Standards: Alliance
Contracting – Pros, Cons, and Lessons Learnt, 2021 - Panelist, The Canadian Institute, 13th Annual National Symposium on Managing Risk in
Construction Contracts & Projects: Think Tank on Effective Project Management in a COVID Era
– From Force Majeure to Defending Against Delays and Impact-Related Claims, 2021 - Podcast Guest, Wealth Navigator Podcast – Construction Law and Real Estate Investing with
Josh Strub, 2021 - Co-Speaker, Ontario Bar Association, Construction Law Primer: Common Issues that Lead to
Disputes and Claims, 2020 - Panelist, Ontario Bar Association and Canadian Corporate Counsel Association: Industry Focus
for In-House Counsel – Construction, 2019 - Panelist, Construction Superconference: Gold Standard in Forensic Scheduling Analysis, 2019
- Panelist, Canadian College of Construction Lawyers: Implications of USMCA on the Construction
Industry, 2019 - Podcast Guest, Building Insights: Episode 11, Prompt Payment, 2019
- Panelist, Canadian Bar Association Construction Law Section Conference on P3s: Procurement in
Public Infrastructure Projects, 2018 - Panelist, Construction Superconference: Liquidated Damages, An Evolving Landscape, 2018
- Panelist, Construction Superconference: Leveraging the In-House and Outside Counsel
Relationship, 2016
Select Publications
Does a terminated contract “cease to exist”?
Entitlement to Extras on a Fixed Price Contract
“Exaggerated Liens” – Abuse of the Process or Not?
Cost Savings and Profit-Sharing – Are They Lienable?
Education and Admissions
Education
- University of Western Ontario, Juris Doctor, 2014
- University of Western Ontario, Bachelor of Engineering Science, Civil and Environmental
Engineering, 2014
Bar Admission and Certifications
Ontario Bar, 2015