Montreal, March 20, 2008 - A book on legal construction hypothecs - An indispensable tool
David H. Kauffman and Guy Gilain, partners at De Grandpré Chait, are proud to announce the launch of their book entitled The Construction Hypothec. This unique Québec reference work on construction law will help lawyers, contractors, subcontractors and suppliers better understand the objectives, effects and problems relating to construction legal hypothecs. Construction industry stakeholders will also be able to familiarize themselves with these issues in order to avoid major financial losses.
Given the possibility of an economic slowdown or recession in North America, the Québec construction market is vulnerable to sudden fluctuations in the economy. In this context, the construction hypothec is the only means of protection that is available under the Civil Code of Québec to guarantee the labour, materials and services provided by contractors, subcontractors, suppliers, architects and engineers in the event of unfortunate circumstances affecting a construction project.
A number of projects—such as the Gaspésia project and, more recently, the SLEB project in Montréal at the corner of Ontario and Saint-Laurent Streets—provide a disturbing example of how construction projects that are suddenly abandoned can have a devastating financial impact on the construction industry. When catastrophe strikes, a legal construction hypothec may be the only means left to those who participated in the construction to recover all or part of their claims.
In this highly anticipated book, the authors provide an in-depth analysis of the principles governing the construction hypothec in Québec. They also compare the law in Québec to the law in the rest of North America, particularly in the other Canadian provinces.
This reference work is geared to lawyers, who need specific and detailed answers to their questions, as well as to owners, contractors, subcontractors, suppliers of materials, architects and engineers, financial institutions and sureties who will be better able to determine the scope of their rights or exposure when dealing with construction projects.
David H. Kauffman is a highly renowned lawyer who has pleaded before the courts at all levels, including the Supreme Court of Canada. He is the Québec editor of the Construction Law Reports, a national law review, the author of several other works and counsel to the Association of Consulting Engineers of Canada. He is a Fellow and Governor of the Canadian College of Construction Lawyers and is recognized as an expert in several national and international legal directories, including The International Who’s Who of Business Lawyers, Best Lawyers in Canada and LEXPERT.
Guy Gilain is a seasoned litigator who practises in lengthy court cases, such as the pyrite dispute which was litigated in Québec. He sits on the board of directors of the Canadian Construction Association and is president of the associate members of the Association des constructeurs de routes et grands travaux du Québec.
De Grandpré Chait LLP is a leader in construction law and real estate law in Québec, with over half of its lawyers practising in those areas.