Olivier Kott has over 34 years' experience in the management and resolution of complex business-related litigation and arbitration, with a particular focus on construction law, product liability and insurance. Recent accomplishments include successfully pleading two landmark cases before the Supreme Court of Canada. He also drafts and negotiates construction contracts and professional services agreements for major construction projects.
Mr. Kott acts as an arbitrator and he is accredited as a mediator by the Quebec Bar. He teaches construction law to students in the Master's program at Université de Montréal and regularly publishes articles and gives conferences for business people and lawyers on civil liability, the prevention and resolution of disputes and contract drafting. Mr. Kott directed the preparation of a 900-page book on construction law entitled La construction au Québec : perspectives juridiques, written with the cooperation of members of our construction, engineering and infrastructure team.
Speaking engagements
· "Construction - Aspects juridiques," Éditions Yvon Blais, October 11, 2011, Montreal, and October 20, 2011, Québec.
· "Grande rencontre Contech - Analyse du risque en construction," Contech, June 1, 2011.
· "Développements Récents en Droit de la Construction," Quebec Bar, May 20, 2011.
· "Gestion des réclamations et litiges dans le domaine de la construction," The Canadian Institute, April 12 and 13, 2011.
· "Les appels d'offre : ce qu'il faut savoir pour éviter les embûches et profiter des opportunités," Ogilvy Renault LLP, June 2, 2010.
· "Balancing freedom of contract and the principle of good faith under Québec Civil Law," Canadian College of Construction Lawyers, May 28, 2010.
· "Les cautionnements dans le domaine de la construction" (co-presenter: Sophie Barry), Association québécoise des entrepreneurs en infrastructure, Lachenaie, March 17, 2010.
· "Les clauses essentielles pour gérer les risques dans les contrats de construction" (co-presenter: Sophie Barry), The Canadian Institute, November 25, 2009.
· "Les impacts pratiques de la jurisprudence récente sur la rédaction de vos contrats et la gestion de vos litiges," The Canadian Institute, November 25, 2008.
· "Risk Allocation Under Contracts Governed by the Civil Code of Québec: You can't always get what you want," Canadian College of Construction Lawyers, May 30, 2008.
Rankings and recognitions
· Best Lawyers in Canada, 2012 - Product Liability Law, Personal Injury Litigation, Corporate and Commercial Litigation, Construction Law, Alternative Dispute Resolution, Appellate Law, Director and Officer Liability
· Best Lawyers in Canada, 2011 - Construction Lawyer of the Year, Montreal
· PLC Which lawyer?, 2011 - Construction
· Lexpert / American Lawyer Guide to the Leading 500 Lawyers for Canada - Most frequently recommended for Construction Law
· Canadian Who's Who
· The International Who's Who of Construction Lawyers, 2011
· The International Who's Who of Business Lawyers
· LEXPERT®Directory (leading lawyer in Construction Law, Product Liability, Professional Liability)
· Awarded Martindale-Hubbell Law Directory's highest professional rating
Memberships and activities
· Quebec Bar
· Bar of Montreal
- Liaison Committee between the Quebec Court of Appeal and the Bar of Montreal (1989-1993)
· Canadian Bar Association
- Systems of Civil Justice Task Force (1995-1996)
- Council, Quebec Branch (1993-1996)
- Chairman and founding member, Construction Law Section (1988-1993)
· Fellow, American College of Trial Lawyers
· Canadian College of Construction Lawyers
- Governor and founding member
Directorships
· Fondation du Barreau (1992-1993)
- Executive Committee
- Board of Directors
Related Publications
L'arbitrage dans le domaine de la construction : la meilleure solution pour résoudre les litiges?
Construction - Aspects juridiques, Volume 10 - 2011, La Collection Blais, Éditions Yvon Blais.
05/10/2011
L'arbitrage international et interne : toujours la meilleure solution pour résoudre les litiges dans le domaine de la construction? - Considérations pratiques et juridiques
Développements récents en droit de la construction, Volume 336, Service de la formation continue, Barreau du Québec, Éditions Yvon Blais, 2011.
15/06/2011
The do's and don'ts of doing business with foreign suppliers
The decision to outsource manufacturing processes is a difficult one for many domestic companies.
30/10/2009
Limitation of liability clauses: manufacturers, sellers and contractors beware
On November 22, 2007, the Supreme Court of Canada rendered a landmark decision on the liability of sellers and manufacturers in Quebec. In ABB Inc. vs. Domtar Inc.1 the Court upheld Domtar's action against ABB Inc. and Alstom Canada Inc. for nearly 39 million dollars (capital and interest).
01/08/2008
The Law of Quebec
Engineers involved in construction projects in the Province of Quebec should take note that there are certain fundamental differences between the laws applicable in the Province of Quebec and the laws applicable in the common-law provinces.
04/05/2007
The New Boundaries of the Obligation to Inform Under Québec Civil Law
Many disputes in construction projects arise when the contractor realizes that the cost of execution of the work exceeds the amount that he had anticipated at the time he prepared his tender, or at the time he signed the contract, due to unforeseen conditions.
26/02/2004
Related News
Sept jugements qui ont changé les affaires
Olivier Kott, senior partner in our Litigation Group, discusses in Les Affaires the impact of Domtar's win in its Supreme Court of Canada matter against Combustion Engineering Canada for latent defects causing damages.
04/10/2008
Ogilvy Renault's Olivier Kott inducted as a Fellow of the American College of Trial Lawyers
Ogilvy Renault is pleased to announce that Olivier F. Kott, a senior partner in the Litigation Group, has become a Fellow of the American College of Trial Lawyers, one of the premier legal associations in North America.
31/03/2010