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A selection of highlights.
Partnerships, JVs, Tenders & Contracts
Réseau express métropolitain (REM): Negotiated EBC's participation in the NouvLR consortium and served as a member of the legal committee reviewing all legal and regulatory aspects of this $5B project for CDPQ Infra, from pre-RFQ through financial close.
Pont Samuel-De Champlain: Oversaw and closed the inclusion of a partner into Signature sur le Saint-Laurent (SSLC), the construction consortium for this $4.5B project.
Montréal Airport: Provided strategic advice as part of a multidisciplinary team regarding future procurement processes and expansion projects.
Louis-Hyppolite-La Fontaine Tunnel Maintenance Programs: Led the contract legal team for EBC's inclusion in various joint ventures and conducted risk reviews for major projects valued at $1.4B (lump sum) and $1.2B (DBF).
Institutional Infrastructure (SQI & PJCC): Managed tender responses for the design-build of secondary schools ($400M), demolition of the former Champlain Bridge ($350M), and the Blainville Rehabilitation Centre ($130M).
Composting and Biomethanization: Led commercial discussions resulting in split-scope design-build agreements for two DBOM contracts ($250M+).
Real Estate and Multi-Residential Projects: Negotiated and drafted various standard and complex contracts (CCDC-3, 5A, 5B) for private developers.
2. Dispute Resolution & Litigation
ICC International Arbitration: Led the legal team and external counsel in injunctive proceedings and international arbitration following the wrongful termination of mining infrastructure contracts exceeding $400M (FIDIC forms).
Pyrrhotite File (Trois-Rivières): Defended a university professor in geological engineering implicated in the major residential foundation litigation (claim of $150M).
Construction Hypothecs: Negotiated and settled a contractual dispute with an international consortium following the registration of a $52M construction hypothec for the CHUM (Block B1).
Engineer Professional Liability: Defended against claims related to the collapse of the Deception Bay wharf ($72M) and multi-party litigation involving condominium projects ($28M).
Construction Claims and Compensation Requests: Drafted, supervised, and developed strategies in connection with numerous construction claims files.
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Admission to the Quebec Bar, 2008
Master of Business Administration (MBA), 2006
Bachelor of Laws (LL.B.), 2005
Civil Engineering Studies, 2000–2002
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Teacher at the École du Barreau du Québec: Teached various classes, workshops and clinics in business law, obligations and contracts, civil liability, and priorities and hypothecs.
Advisory Committee – Université Laval: Member of the advisor committee for the Study Day on Contract Claims (Faculty of Science and Engineering).
Risk Management and Collaboration: Panelist and guest speaker on multiple occasions at strategic forums (Open Forum) on effective risk management during the development phase and collaboration with public project owners.
Infrastructure Claims Management: Guest expert invited by the Canadian Bar Association (Quebec Section) to address strategies for avoiding or facilitating the settlement of claims on major projects.
Construction Law and Urban Planning: Regular speaker (2008–2013) on foundational concepts, practical aspects of urban planning, and emerging issues in construction law.
Governance and Public Protection: Former director of Board of the Indemnity Fund of the Ordre des Évaluateurs Agréés du Québec.
Xavier Lafontaine
Xavier Lafontaine is passionate about construction. He practices construction law with expertise that goes well beyond the strictly legal. Having studied civil engineering, spent time on job sites, and earned an MBA, he began his career at leading law firms before spending a decade as in-house counsel at one of Canada's top general contractors.
This multidisciplinary background allows him to approach construction files from every angle — technical, commercial, and legal. He speaks the language of engineers and project managers, understands the business imperatives that drive his clients' decisions, and commands the legal nuances specific to the industry.
His extended tenure in-house gave him a deep understanding of on-the-ground realities that few lawyers possess. He has negotiated major contracts, managed complex disputes, and advised senior leadership on infrastructure projects worth hundreds of millions of dollars.
Xavier now advises a diverse clientele of contractors, owners, and other industry stakeholders on the full spectrum of construction law matters: contract drafting and negotiation, dispute resolution, delay and deficiency management, business processes, and risk mitigation strategies.