David H. Kauffman

Counsel
Legal assistant
Susan Sztrolovics

Seasoned development lawyer David H. Kauffman takes your idea from blueprint to ribbon cutting.

David is a leading figure in construction and infrastructure law. His practice focuses on project development and related matters and encompasses project structuring, financing, tendering and contracting. He has made a mark on many major projects in Québec and Canada, including university complexes, airports, road infrastructures, factories, stadiums, arenas and large residential complexes.

He is an outstanding speaker and has represented clients before the Supreme Court of Canada and other federal and provincial courts. For many years, he was also an adjunct professor of law at McGill University’s Faculties of Architecture and Engineering.

As a leading construction law practitioner, David has repeatedly been recognized by his peers and remains at the forefront of his field. He is the author of the reputed treatise The Construction Hypothec: Insights into Québec Lien and Construction Law (2015, Wilson Lafleur) and many other publications, and has been the Québec editor of Construction Law Reports (Carswell) since 1985.

B.C.L.
McGill University, 1967

Certificate, Fletcher School of Law & Diplomacy 
Tufts/Harvard University, 1965

B.A.
McGill University, 1964

Professional Affiliations
Member, Barreau du Québec
Member, Canadian Bar Association – Québec
Member, Canadian College of Construction Lawyers
Member, Canadian Council for Public-Private Partnerships
Member, Lord Reading Law Society

Involvement

Canadian College of Construction Lawyers
- Original founding member, 1998, Fellow and Governor
- President from 2000 to 2001
- Past President, Governor and Emeritus Fellow

National President of the Construction Law Section, Canadian Bar Association, from 1992 to 1993.

Best Lawyers in Canada®
Construction Law
Since 2006

Lawyer of the Year
2012

Canadian Legal Lexpert® Directory
Since 1997 

Lexpert® Special Edition on Infrastructure
Infrastructures
2015 to 2018

Who’s Who International
The International Who's Who of Construction Lawyers

Who's Who Legal Canada
Global Leader Construction
National Leader Infrastructures


  • Quebec Editor of Construction Law Reports (Carswell, Thomson Publishing), a national Canadian construction law revue, with 30 years of editorial responsibility (since 1985)
  • The Law of Construction Hypothecs in Quebec, c. 14, Construction Builders' and Mechanics’ Liens in Canada, Thomson Publishing, Toronto, 8th Ed., 2020
  • The Evolution and Impact of the Canadian College of Construction Lawyers, Thomson Reuters, Toronto, 2018; Contributor, Design-Build Deskbook, 4th Ed., American Bar Association, 2010
  • The Dawn of a New Era of CCDC Documents, Canadian College of Construction Lawyers
  • La négociation et la médiation de différends, De Grandpré Chait Construction Law Conference, 2007
  • The Construction Hypothec, Wilson & Lafleur, Montreal 2007 (728 pages); 
  • State Agencies in Quebec – Exemption from Liens, [2007] 74 C.L.R. (3d) 163
  • Construction Risk and Public-Private Partnerships in Canada, Contributing author, Journal of the Canadian College of Construction Lawyers, (2007) 1 J.C.C.C.L
  • Construction Projects in Quebec, 2006/2007 LEXPERT®/CCCA Directory
  • CCDC: Les difficultés d'application au Québec, De Grandpré Chait Construction Law Conference, 2006
  • The Law of Construction Hypothecs in Quebec, c. 13, Construction Builders' and Mechanics’ Liens in Canada, Thomson Publishing, Toronto, 2005
  • Contractors Who Wish to do Business in Quebec, Insight, Toronto, 2005
  • Immunity of International Organizations, Joint ACCL and CCCL Conference, Coral Gables (Florida), 2004
  • History of the Canadian College of Construction Lawyers, 2003, ISBN 0-9733254-0-2
  • Construction Contracts as Contracts of Adhesion, 2002 16  C.L.R. (3d) 131
  • Liens resulting from Work ordered by a Tenant, 2000 49 C.L.R. (2d) 83
  • The Quebec Bid Depository: the Lowest Bidder Prevails, 2000 C.L.R. (2d) 102
  • Liability of Design Professionals, EPIC, Montréal, 1996
  • Construction Insurance, United States Army Corps of Engineers, Washington, DC, 1998
  • Warning! Section 50 of the Quebec Building Act, 1998 39 C.L.R. (2d) 148
  • Précis Of Construction Insurance - U.S. Army Corps of Engineers (seminar publication, Washington 1998)
  • New Legal Warranties under Quebec Construction Law, Revue du Barreau, 1997 Vol. 57, No. 3, 589
  • Canadian Construction Insurance Practices, Infrastructure Economics Conference, 1997
  • Construction Insurance, National Association of Developers, San Diego (California), 1995
  • Summary of Construction Insurance (Quebec), International E.I. Conference (1998) and National Assoc. of Developers (1995), conference publications
  • The Construction Hypothec under the New Civil Code of Québec, 1994 14 C.L.R. (2d) 51
  • Impact of the New Civil Code on Construction Liens in Quebec, EPIC, Montréal (Conference Chair and Speaker), 1994
  • Conflits et les recours judiciaires dans la construction, CLL, Ritz-Carlton, Montréal, 1991
  • The Quebec Bid Depository System, 40 C.L.R. 296
  • Le droit des privileges au Québec, les conflits et les recours judiciaires dans la construction, Montreal, Construction Law Letter, 1991
  • Lien Legislation in Québec, 30 C.L.R. 273
  • Construction Privileges arising under a Lease, 49 C.L.R. 91
  • Replace¬ment of Construction Privileges by other Security:  Revisited, 41 C.L.R. 158
  • Effect of Transaction (Settlement) upon Claims for Construction Extras, 19 C.L.R. 306
  • Application of Unjust Enrichment to Construction Matters in the Province of Québec, 10 C.L.R. 123.