Background
Mr. Alter was called to the Ontario Bar in 1987. He graduated with an LL.B. from the University of Windsor Law School in 1985, and a B.A. (Hons) from the University of Toronto at Victoria College in 1982. Mr. Alter is a past Chair of both the Ontario Bar Association, Construction Law Section and the Law Society of Upper Canada, Construction Law Specialty Committee.
Areas of Practice
- Partner in the Construction, Engineering, Surety and Fidelity Law Group of our Toronto office.
- Practice involves representing public and private owners, general contractors, lenders, surety bonding companies and subcontractors with respect to construction contracts, construction projects, and related litigation.
- In addition to litigation and dispute resolution, a significant portion of Mr. Alter's practice involves advising and representing clients on "front end" procurement and contract matters, including preparing, drafting and reviewing RFQs, RFPs, Tenders, and a variety of contracts and associated agreements for construction and infrastructure projects.
Professional Experience
- Certified by the Law Society of Upper Canada as a Specialist in Construction Law - among first lawyers in Ontario to receive this designation.
- Litigation counsel on all types of construction law cases, including construction liens, trust claims, interference and delay claims, extra claims, and tender disputes. Also advises clients on early dispute resolution and dispute avoidance.
- Another component of Mr. Alter's practice involves advising and representing surety companies with respect to claims and disputes arising under bid bonds, performance bonds, labour and material payment bonds, and general security agreements.
- Listed in The Best Lawyers in Canada and The Canadian Legal LEXPERT Directories as a Leading Practitioner in Construction Law, and maintains a BV Peer Review Rating in the Martindale-Hubbell Legal Directory.
Professional Memberships and Committees
- Immediate 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)
- Fellow, Canadian College of Construction Lawyers (elected 2006) and currently serving as Chair and Editor on Legal Update Committee
- Member on Division 8 Steering Committee – International Contracting, ABA Forum on the Construction Industry (since 2006)
- Past Executive Member, National Construction Law Section, Canadian Bar Association (2005-2008)
- Member, The Construction Institute, Professional Development Committee (formerly, the Education Committee of the Toronto Construction Association) (since 1996)
- Member, Law Society of Upper Canada
- Member, Canadian Bar Association
- Member, Metropolitan Toronto Lawyers Association
Select Articles, Papers and Publications
- "International Arbitration Rules and Procedures" (co-authored with Wendy Earle) published in both Construction Checklists (American Bar Association, 2008) and in Chapter 5 of Drafting ADR and Arbitration Clauses for Commercial Contracts (Thomson Carswell, 2006 – Release 2)
- "Automotive Assembly Line Not Lienable Under Ontario Construction Lien Act" (August 2005), Construction Law Update, Volume 7, Issue 77
- Co-Author, "Construction Liens and The Companies' Creditors Arrangement Act" (April 2005) , Construction Law Reports, 41 C.L.R. (3d) 9
- "Bidding and Tendering Update" (February 2005), Ontario Bar Association 30th Annual Institute of Continuing Legal Education Seminar "Construction Law for Commercial Lawyers, or Murphy was an Optimist"
- "Conflict between the Construction Lien Act and the CCAA?" (October 2004), The Lawyers Weekly, Volume 24, No. 21
- "The Problem with Two-Step Tender Calls" (March/April 2004), Construction Law Letter, Volume 20 #4
- "The Construction Lien Act Does Not Prohibit The Trial Together of Lien Actions and Trust Actions" (1997), 33 C.L.R. (2d) 23.
Select Seminars and Presentations
- Speaker: “Best Practices for Navigating the Bidding and Tendering Minefield” , The Canadian Institute 18th Annual Construction Superconference (November 2008)
- Session Moderator: "Effective Communications Between Owners and Bidders at the Pre-Tender Stage", The Canadian Institute Conference "Managing Risk at the Pre-Tender Stages of Your Construction Project" (September 2008).
- Speaker: "Liening Manufacturing Installations: Lessons Learned from Kennedy Electric Limited v. Dana Canada Corporation" , Canadian College of Construction Lawyers 11th Annual Conference (May 2008)
- Session Coordinator: "SQUALLS, STORMS AND GETTING BACK ON COURSE – Counsel's Role When Dealing With Mid-Course Adjustments In Project Planning And Scheduling And Resultant Claims", American Bar Association Construction Forum, Fall Program (October 2007)
- Sessional Lecturer: George Brown College, "Construction Law-Case Studies", "Construction and Environment - Regulation Compliance" 3rd year degree program and "Construction Engineering Technology/Architectural Technology" 3rd year diploma programs (2003 – Present)
- Speaker: "RFPs vs Tenders: What to Use and When" , The Canadian Institute 16th Annual Construction Superconference 2006 (November 2006)
- Speaker: "The ABCs of RFPs: How to Make Sense of the Various Request Documents" , The Canadian Institute 15th Annual Construction Superconference (November 2005)
- Speaker: "The Limits of Liens", Ontario Bar Association Program "Red Hot Construction Law" (October 2005)
- Speaker: "Developments in Bidding and Tendering", The Canadian Institute Conference "Legal and Business Guide to Public Procurement For Purchasers, Vendors and their Legal Advisors" (June and January 2005)
- Chair & Speaker: "Liens and the Companies' Creditors Arrangement Act", Ontario Bar Association Program "Construction Lien Primer/Update" (November 2004)
- Chair: "The New Limitations Act 2002: Its Impact on Construction Claims", Ontario Bar Association Dinner Seminar (November 2003)
- Chair & Speaker: "Construction Contracts 101", The Construction Institute/Toronto Construction Association Seminar (October 2003)
- Chair & Speaker: Lorman Education Services Program "Construction Claims in Ontario" (September 2002)
- Panel Moderator & Speaker: "The Current Construction Environment", Ontario Hospital Association Conference "Hot Topics in Hospital Construction" (March 2002)
- Speaker: "From the Basics to the Latest in Bidding and Tendering", Infonex "4th Annual Construction Summit" (October 2001)
- Chair & Speaker: "Alternative Dispute Resolution and the Litigation Process”, Ontario Hospital Association Conference "Anatomy of a Construction Dispute" (April 2001)
- Speaker: "Project Management Issues", Ontario Hospital Association Conference "Legal and Practical Issues in Capital Redevelopment Projects" (September 2000)
