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54

David H. Kauffman

Counsel
dkauffman@dgchait.com
514.878.3217
vCard
English, French
1968 - Quebec
LinkedIn
Legal assistantSusan Sztrolovics514.878.8615ssztrolovics@dgchait.com

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 Quebec 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.

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 Quebec 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.

Field of practice

Best Lawyers in Canada®
Construction Law – 2006 to 2026
Lawyer of the Year in Construction Law – 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

  • Where Courts and Dispute Resolution Procedures Collide in Administering Disputes under Opaque P3 Projects, Construction Law Letter, LexisNexis Canada, vol. 40, No. 5., 2024
  • 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
  • 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
  • Replacement 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.

B.C.L.
McGill University, 1967

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

B.A.
McGill University, 1964

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

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