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 Matthew R. Alter

 Toronto

t: 416 860 6764
f: 416 640 3083

Suite 2100, Scotia Plaza
40 King Street West
Toronto, ON  M5H 3C2
Canada

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Expertise

Year of Call

Ontario, 1987

Education

LL.B., University of Windsor, 1985

B.A. (Hons), University of Toronto, 1982

Matthew R. Alter

Matthew Alter is a partner in the Construction and Infrastructure Groups at Cassels Brock. His practice focuses on representing public and private owners, general contractors and other construction industry participants in all aspects of construction and procurement.  He advises clients on project delivery methods and procurement processes, and drafts and negotiates various agreements for construction and infrastructure projects and related acquisitions, including Private Public Partnership arrangements.  Matthew also represents participants in all types of contract and project disputes and litigation, including: tendering claims and defences, contractor defaults, interference and delay claims, liens, trust claims, insolvency claims and surety bond claims.

Matthew is the Chair of the International Construction Division of the American Bar Association’s Forum on the Construction Industry - the only non-U.S. lawyer currently serving in such a leadership position. In May 2012, he was named a Governor of the Canadian College of Construction Lawyers for 2012-2013. Matthew is also a past Chair of both the Ontario Bar Association’s Construction Law Section and the Law Society of Upper Canada’s Construction Law Specialty Committee, and was also among the first lawyers in Ontario to be certified as a Specialist in Construction Law.

Publications, Conferences and Speaking Engagements

Select Recent Publications

  •  Journal of the Canadian College of Construction Lawyers 2013, Editor (May 2013)
  • "Ontario's BPS Procurement Directive", Summit, co-authored (December/January 2011-12)
  • Kirsh and Alter: A Guide to Construction Liens in Ontario, 3rd Edition, (LexisNexis, September 2011)
  • "The Evolution of Construction Lien Legislation in Ontario from 1873-2011", The Advocates' Quarterly, co-authored (May 2011)
  • "Problem with Liens", article in The Journal of the Canadian College of Construction Lawyers, co-authored (May 2011)
  • "Securing Payment and Performance on International Projects", Chapter 9 of American Bar Association book, International Construction Law – A Guide for Cross-Border Transactions and Legal Disputes, co-authored (October 2009)
  • "Late Bid Not Compliant with Electronic Tender Call, Coco Paving (1990) v. Ontario (Transportation)", Legal Update, The Canadian College of Construction Lawyers (September 2009)
  • "International Arbitration Rules and Procedures", Chapter No. 61 of American Bar Association book, Construction Checklists – A Guide to Frequently Encountered Construction Issues, co-authored (2008)

Select Recent Seminars and Presentations

  • Lecturer/Faculty: A-Z Guide to EPCM Contract Management: Exploring Critical Issues Throughout the Project Management Lifecycle, EPCM for Mining Energy and Infrastructure presented by The Canadian Institute  (June 2013)
  • Speaker: Strategies Used for Construction Tender/Procurement Claims, The 10-Minute Construction Lawyer program presented by The Advocates' Society (May 2013)
  • Lecturer/Faculty: P3s/Contracts/Bidding & Tendering, Osgoode Certificate in Construction Law program (November 2012)
  • Lecturer/Faculty:  "Construction Liens", lecture to 4th year Students of George Brown College’s Schools of Construction Management and Trades and Architectural Studies (November 2012)
  • Speaker: Hospital Projects and the Ontario Construction Lien Act, Ontario Hospital Association sponsored conference on Health Care Capital Planning and Implementation: Enabling Excellent Care for All (June 2012)
  • Speaker: Recent Amendments to the Ontario Construction Lien Act and Ontario’s BPS Procurement Directive, The Property Management Exposition & Conference, “Legal Roundtable For Building Owners & Property Managers: Eight Issues in Sixty-Five Minutes” (November 2011)
  • Speaker: Bidding and Tendering: Advanced Issues, Osgoode Certificate in Construction Law program (November 2011)
  • Moderator: Construction Project Opportunities Abroad: The Things You Don't Know You Don't Know, ABA Forum on the Construction Industry Fall Conference (October 2011, Atlanta)
  • Course Leader and Speaker: Case Law Update”, Tendering and Procurement: Navigating the Maze, Lexpert Program (June 2011, Calgary)
  • Chair: Module 2: Following the Project Funds, Canadian College of Construction Lawyers 2011 Conference, "Emerging Legal Issues – Moving the Yardsticks" (June 2011, Ottawa)
  • Speaker: The Proposed New Amendments to the Construction Lien Act and the Lienability of Equipment Supply, Law Society of Upper Canada CLE Program, “Practice Gems: Construction Lien Essentials 2011”(March 2011, Toronto)
  • Speaker: Hospital Procurement and Ontario 's Supply Chain Guideline, Conference for Board Finance Committee Members, Ontario Hospital Association (April 2010, Toronto)
  • Speaker: Making a Strong Start with an Effective Tendering Process, Canadian Institute Conference "Essential Elements and Critical Updates of Key Business Agreements" (February 2010, Toronto)
  • Speaker: Recent Developments in Liens and Trusts, LSUC CLE Program "Advanced Roundtable in Construction Law 2009" (September 2009, Toronto)
  • Speaker: Risk Management for International Construction Projects: What You Need to Know Before Contracting Across National Borders, ABA Forum on the Construction Industry and the Construction Litigation Committee of the ABA Section of Litigation, Midwinter Meeting, "Coverages, Disputes and Tactics for Survival: Critical Insurance and Litigation Issues and Insights" (January 2009, Florida)

 

ACHIEVEMENTS
  • Certified as a Specialist in Construction Law
  • Martindale-Hubbell, AV Preeminent™ Peer Review Rating (named one of the 2013 Top Rated Lawyers in Canada)
  • 2013 International Who's Who of Public Procurement Lawyers 
  • 2013 International Who's Who of Construction Lawyers
  • The 2013 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada (Construction Law)
  • The Best Lawyers in Canada 2013 (Construction Law; Procurement Law)
  • 2012 Lexpert Special Edition: Canada's Leading Infrastructure Lawyers
  • Who's Who Legal: Canada 2012 (Construction and Public Procurement)  
  • Canadian Legal Lexpert Directory 2012 (Construction Law)
  • 2013 International Who's Who of Business Lawyers
  • 2012 International Who’s Who of Public Procurement Lawyers
  • The 2012 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada (Construction Law)
  • Featured in Lexpert cover story "Procurement Revolution" (April 2011)
  • Canadian Legal Lexpert Directory 2011 (Construction Law)
  • The Best Lawyers in Canada 2012 (Construction Law)
  • 2012 International Who's Who of Construction Lawyers
  • Who's Who Legal: Canada 2011 (Public Procurement)  
  • 2010 International Who’s Who of Public Procurement Lawyers
  • Who's Who Legal: Canada 2010 (Public Procurement) 

 

ASSOCIATIONS
  • Canadian Bar Association
  • Chair, International Construction Division (8), American Bar Association Forum on the Construction Industry
  • Governor, Canadian College of Construction Lawyers, currently serves as Editor of the Journal of the Canadian College of Construction Lawyers, and former Chair and Editor of the Legal Update Committee
  • Law Society of Upper Canada
  • Ontario Bar Association
  • Past Chair, Law Society of Upper Canada, Construction Law Specialty Committee (2006-2007)
  • Past Chair (2004-2005), Construction Law Section, Ontario Bar Association, and Former Editor "Nuts & Bolts" Newsletter (1994-2000)
  • Past Executive Member, National Construction Law Section, Canadian Bar Association (2005-2008)
  • Past Member, The Construction Institute, Professional Development Committee (formerly, the Education Committee of the Toronto Construction Association) (1996 - 2008)
  • Metropolitan Toronto Lawyers Association
Conferences, Speaking Engagements, Events