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Thought Leaders

Thought Leaders

Duncan W Glaholt

Duncan W Glaholt

Glaholt ADR Inc.141 Adelaide St. WSuite 800TorontoOntarioCanadaM5H 3L5

Thought Leader

Thought Leaders - Construction 2020

Q&A

WWL Ranking: Thought Leader

WWL says

Duncan Glaholt is “very experienced in construction arbitrations” according to impressed peers.

Questions & Answers

Duncan W. Glaholt is the founder and a partner of the leading and nationally recognized construction law firm of Glaholt Bowles LLP, consistently peer reviewed as one of Canada’s most highly recommended construction law practises.  Mr. Glaholt is the recipient of the 2014 OBA Award of Excellence in Construction Law. Mr. Glaholt has been named one of Canada’s leading lawyers in the Construction Law category in the Lexpert/American Lawyer Media publication: “Leading 500 Lawyers in Canada” in each year in which that category appeared in publication. Mr. Glaholt has maintained Martindale & Hubble’s highest possible AV rating for many years. He is Certified by the Law Society of Upper Canada as a Specialist in Construction Law.
What are the main challenges currently facing those looking to develop infrastructure projects in Canada?
One: tight margins, too many players chasing too few projects; and, two, fragile JVs with inherent legal and commercial culture fracture lines.
What are the most common sources of construction disputes and how do you think clients can minimise the risks of them occurring?
Big losses make bad contracts. This is a problem inherent in what in my view in the relational as opposed to transactional nature of all infrastructure projects. It is a problem the common law is only now coming to recognise.
To what extent will covid-19 inform parties’ behaviour when entering into construction and engineering contracts in the future?
The industry adapts well to shocks like this and has done so once again in this case. There will still be isolated cases of opportunism, but all high-value repeat interactors seem to have sorted themselves out.
What impact do you think third-party funding will have on construction disputes in the coming years?
In a word: significant. Speculating in litigation futures in the global infrastructure casino is the game and everyone is going to want to play. It will become the norm, not the exception.
It has been noted that mediation is increasingly being used to resolve construction disputes. Why do you think it is becoming more popular as a form of dispute resolution?
Confidentiality, creativity, certainty . . . three things that commercial litigation is unable to provide at present.
What is the importance of harnessing the benefits of e-discovery in the construction space?
Modern infrastructure litigation/arbitration is unthinkable without it.
What impact will technological innovation have on the construction industry over the next five to ten years?
In a word: profound. AI will revolutionise case preparation and decision. Bayesian degrees of belief will soon substitute for CPM delay analysis for example. AI will create and test legal arguments. We are approaching a technological event horizon after which current information gathering and data processing methodologies will look positively medieval.
What is the best piece of career advice you have ever received?
The same advice I got to improve my golf game: head down, slow down, keep your eye on the ball.

Global Leader

Construction 2020

Professional Biography

WWL Ranking: Recommended

WWL says

Duncan Glaholt is "very experienced in construction arbitrations" according to impressed peers.

Biography

Duncan W Glaholt, CArb, is the founder and a partner of the leading and nationally recognised construction law firm, Glaholt Bowles LLP. He has been consistently named one of the Leading 500 Lawyers in Canada in the field of construction law. Mr Glaholt is certified by the Law Society of Ontario as a specialist in construction law. He is a fellow of both the American and Canadian Colleges of construction lawyers and founding fellow of the International Academy of Construction Lawyers.

Mr Glaholt is author and co-author of several standard reference books on construction law and alternative dispute resolution topics, including the Halsbury’s Laws of Canada Construction and Alternative Dispute Resolution titles (LexisNexis, 2008 and 2009; reissues 2017 and 2018), The Law of ADR in Canada: An Introductory Guide (second edition, LexisNexis, 2018), Construction Builders’ and Mechanics Liens in Canada (seventh edition, Carswell, 2005), Conduct of a Lien Action 2018 (Carswell, 2017) and The 2018 Annotated Ontario Construction Lien Act (Carswell, 2017). He is an adjunct professor in the Faculty of Law at the University of Toronto.

Mr Glaholt is a fellow of the Chartered Institute of Arbitrators and has mediated and arbitrated a wide range of complex, multiparty construction industry disputes with particular focus on mining, energy and infrastructure, co-generation, nuclear power, power distribution systems and conventional infrastructure and environmental projects.

Mr Glaholt has worked to bring adjudication rules and collaborative settlement practices into the Canadian legal mainstream.

Mediation 2020

Professional Biography

WWL Ranking: Recommended

WWL says

Duncan Glaholt is a "go-to construction guy" with "a strong practice in construction mediation and arbitration".

Biography

Duncan W Glaholt, CArb, is the founder and a partner of the leading and nationally recognised construction law firm, Glaholt Bowles LLP. He has been consistently named one of the Leading 500 Lawyers in Canada in the field of construction law. Mr Glaholt is certified by the Law Society of Ontario as a specialist in construction law. He is a fellow of both the American and Canadian Colleges of construction lawyers and founding fellow of the International Academy of Construction Lawyers.

Mr Glaholt is author and co-author of several standard reference books on construction law and alternative dispute resolution topics, including the Halsbury’s Laws of Canada Construction and Alternative Dispute Resolution titles (LexisNexis, 2008 and 2009; reissues 2017 and 2018), The Law of ADR in Canada: An Introductory Guide (second edition, LexisNexis, 2018), Construction Builders’ and Mechanics Liens in Canada (seventh edition, Carswell, 2005), Conduct of a Lien Action 2018 (Carswell, 2017) and The 2018 Annotated Ontario Construction Lien Act (Carswell, 2017). He is an adjunct professor in the Faculty of Law at the University of Toronto.

Mr Glaholt is a fellow of the Chartered Institute of Arbitrators and has mediated and arbitrated a wide range of complex, multiparty construction industry disputes with particular focus on mining, energy and infrastructure, co-generation, nuclear power, power distribution systems and conventional infrastructure and environmental projects.

Mr Glaholt has worked to bring adjudication rules and collaborative settlement practices into the Canadian legal mainstream.

National Leader

Canada - Arbitration 2020

Professional Biography

WWL Ranking: Recommended

WWL says

Duncan Glaholt is hailed as “the go-to construction guy”, renowned as “excellent arbitration counsel” in sector-related disputes.

Biography

Duncan W Glaholt, CArb, is the founder and a partner of the leading and nationally recognised construction law firm, Glaholt Bowles LLP. He has been consistently named one of the Leading 500 Lawyers in Canada in the field of construction law. Mr Glaholt is certified by the Law Society of Ontario as a specialist in construction law. He is a fellow of both the American and Canadian Colleges of construction lawyers and founding fellow of the International Academy of Construction Lawyers.

Mr Glaholt is author and co-author of several standard reference books on construction law and alternative dispute resolution topics, including the Halsbury’s Laws of Canada Construction and Alternative Dispute Resolution titles (LexisNexis, 2008 and 2009; reissues 2017 and 2018), The Law of ADR in Canada: An Introductory Guide (second edition, LexisNexis, 2018), Construction Builders’ and Mechanics Liens in Canada (seventh edition, Carswell, 2005), Conduct of a Lien Action 2018 (Carswell, 2017) and The 2018 Annotated Ontario Construction Lien Act (Carswell, 2017). He is an adjunct professor in the Faculty of Law at the University of Toronto.

Mr Glaholt is a fellow of the Chartered Institute of Arbitrators and has mediated and arbitrated a wide range of complex, multiparty construction industry disputes with particular focus on mining, energy and infrastructure, co-generation, nuclear power, power distribution systems and conventional infrastructure and environmental projects.

Mr Glaholt has worked to bring adjudication rules and collaborative settlement practices into the Canadian legal mainstream.

Canada - Construction 2020

Professional Biography

WWL Ranking: Recommended

WWL says

Duncan Glaholt is hailed as “the go-to construction guy”, renowned as “excellent arbitration counsel” in sector-related disputes.

Biography

Duncan W Glaholt, CArb, is the founder and a partner of the leading and nationally recognised construction law firm, Glaholt Bowles LLP. He has been consistently named one of the Leading 500 Lawyers in Canada in the field of construction law. Mr Glaholt is certified by the Law Society of Ontario as a specialist in construction law. He is a fellow of both the American and Canadian Colleges of construction lawyers and founding fellow of the International Academy of Construction Lawyers.

Mr Glaholt is author and co-author of several standard reference books on construction law and alternative dispute resolution topics, including the Halsbury’s Laws of Canada Construction and Alternative Dispute Resolution titles (LexisNexis, 2008 and 2009; reissues 2017 and 2018), The Law of ADR in Canada: An Introductory Guide (second edition, LexisNexis, 2018), Construction Builders’ and Mechanics Liens in Canada (seventh edition, Carswell, 2005), Conduct of a Lien Action 2018 (Carswell, 2017) and The 2018 Annotated Ontario Construction Lien Act (Carswell, 2017). He is an adjunct professor in the Faculty of Law at the University of Toronto.

Mr Glaholt is a fellow of the Chartered Institute of Arbitrators and has mediated and arbitrated a wide range of complex, multiparty construction industry disputes with particular focus on mining, energy and infrastructure, co-generation, nuclear power, power distribution systems and conventional infrastructure and environmental projects.

Mr Glaholt has worked to bring adjudication rules and collaborative settlement practices into the Canadian legal mainstream.

Canada - Mediation 2020

Professional Biography

WWL Ranking: Recommended

WWL says

Duncan Glaholt is a renowned mediator who is highly sought after for complex energy, infrastructure and construction disputes. 

Biography

Duncan W Glaholt, CArb, is the founder and a partner of the leading and nationally recognised construction law firm, Glaholt Bowles LLP. He has been consistently named one of the Leading 500 Lawyers in Canada in the field of construction law. Mr Glaholt is certified by the Law Society of Ontario as a specialist in construction law. He is a fellow of both the American and Canadian Colleges of construction lawyers and founding fellow of the International Academy of Construction Lawyers.

Mr Glaholt is author and co-author of several standard reference books on construction law and alternative dispute resolution topics, including the Halsbury’s Laws of Canada Construction and Alternative Dispute Resolution titles (LexisNexis, 2008 and 2009; reissues 2017 and 2018), The Law of ADR in Canada: An Introductory Guide (second edition, LexisNexis, 2018), Construction Builders’ and Mechanics Liens in Canada (seventh edition, Carswell, 2005), Conduct of a Lien Action 2018 (Carswell, 2017) and The 2018 Annotated Ontario Construction Lien Act (Carswell, 2017). He is an adjunct professor in the Faculty of Law at the University of Toronto.

Mr Glaholt is a fellow of the Chartered Institute of Arbitrators and has mediated and arbitrated a wide range of complex, multiparty construction industry disputes with particular focus on mining, energy and infrastructure, co-generation, nuclear power, power distribution systems and conventional infrastructure and environmental projects.

Mr Glaholt has worked to bring adjudication rules and collaborative settlement practices into the Canadian legal mainstream.

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