Background

John Murphy is a partner at our Montréal office. John was admitted to the Québec Bar in November 1990 and has been working for our firm ever since he graduated from the Université de Sherbrooke Law School in 1989. He also obtained a Bachelor of Commerce from McGill University in 1986. He was admitted to the partnership of our firm in January 1998.

Areas of Practice

• John practises in the areas of construction law, fidelity and surety bonds, insurance defence work including directors' and officers' liability.
• His work is oriented in the many different aspects of the construction industry (representing owners, general contractors, bonding companies, insurers, subcontractors and suppliers; professional liability of architects and engineers). John provides timely, objective and complete diagnosis of the problem and options to be considered.
• He also regularly provides advice with respect to product liability issues, commercial fraud and fidelity insurance issues and coverage and recovery matters.
• John  provides advice with respect to matters concerning directors' and officers' liability.

Rankings and Recognitions

• Selected by peers for inclusion in The Best Lawyers in Canada® 2012 (Construction Law)
• Recognized in the 2011 Canadian Legal Lexpert® Directory (Construction Law)

Professional Experience

• John is a member of our Construction, Engineering, Surety and Fidelity Group.
• John is regularly called upon to provide advice on issues such as:
  • Drafting and negotiation of construction contracts, claims for extras, registering legal hypothec
  • Professional liability of architects and engineers and other insurance-related topics
  • Issues regarding to latent defects and product liability
  • Advice on all aspects of suretyship law including claims related to performance and labour material bonds, bond limits and indemnity agreements
• John has been representing manufacturers and defending product liability claims since he joined the firm.
• He advises fidelity insurers with respect to coverage issues, investigating and defending claims as well as analyzing defence options. As well, he advises insurers and clients alike on Director & Officer Liability.
• Since 1990, John has represented clients before all instances in Québec. He encourages the use of alternative dispute resolution mechanisms for quick resolution of conflicts.

Professional and Community Activities

• Member of the Construction Law Section of the Canadian Bar Association
• After serving on the Montréal Office Merger Committee in 1999 and 2000, he became a member of the Montréal Management Committee (2000-2002). On January 1 st, 2004, John was elected to the National Council of BLG and is the Regional Managing Partner of our Montréal office since January 1 st, 2006.
• Member of the Board of the Sacred Heart School of Montreal (2008- ).

Conferences and Publications

• "Practical Law – Construction and Projects – Cross-Border Handbook 2011/12 and 2010/11 ", co-authored the Canadian section.
• “Review of 2008-2009 jurisprudence on professional liability for architects and engineers – Association des Ingénieurs conseils du Québec – October 2009
• "Le contrat de construction: son fondement et ses limites", speaker at Canadian Institute - Superconference on Construction, November 2007.
• " Résiliation d'un contrat de construction", co-president and speaker at Canadian Institute - Superconference on Construction, November 2006.
• "Les hypothèques légales du constructeur", Canadian Bar Association – Professional Development, March 21, 2006.
• "Les obligations des parties lors d'une excavation", speaker at Alliance pour la protection des infrastructures souterraines du Québec (APISQ), March 17, 2006.
• 'Les systèmes de pointage, la nouvelle tendance en matière d'appel d'offres' speaker at Canadian Institute - Superconference on Construction, November 2005.
• Article entitled : 'Minimizing risks: A guide to avoiding construction pitfalls', published in Montréal Business Magazine, March-April 2005.
• 'La valse à trois: le propriétaire, l'entrepreneur et la caution', Insight Forum on Construction, March 22, 2005
• 'Errors and omissions insurance', presented to engineers at UMA Engineering Inc., February 2004.
• 'Emerging trends in D&O claims in Canada', in-house presentation to the Guarantee Company of North America, February 3, 2004.
• 'Walsh & Brais Inc. / Sabrice Ltée v. Montréal Urban Community et al.: an odyssey through the construction law of the Province of Québec, Canada', published in the International Construction Law Review, authored by Daniel Ayotte in collaboration with John G. Murphy, January 2004.
• 'The legal hypothec of construction and the Québec Civil Code', Canadian Institute Superconference on Construction, November 18, 2003.
• 'Fraud recovery and fidelity matters in Québec', presented to AIG underwriters and claim representatives in New York, January 2003.
• 'Extra-contractual recourse of third parties', Construction Law Section of the Canadian Bar Association, December 3, 2002.
• 'The extra-contractual responsibility of persons in the construction industry', Canadian Institute Superconference on Construction, November 27, 2002.
• 'New developments in legal hypothecs', Canadian Institute Superconference on Construction, November 27, 2002.
• 'The substitution of a legal hypothec', presented to members of the Corporation of General Contractors of Québec, January 12, 2002.
• 'Civil fraud recovery', International Association of Financial Crime Investigators, December 4, 2001.
• 'Review of jurisprudence on claims in the construction industry', Canadian Institute Conference, November 28, 2001.
• 'Legal hypothecs of construction: inscription, substitution and contestation', Canadian Institute Conference, November 27, 2001.