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International Construction Law Review

BOOK REVIEW - THE CONSTRUCTION HYPOTHEC: INSIGHTS INTO QUEBEC LIEN AND CONSTRUCTION LAW 2ND EDITION

The Construction Hypothec: Insights into Quebec Lien and Construction Law, 2nd Edition. By David H Kauffman, Montreal, Canada: Wilson & Lafleur Ltée, 2015. ISBN: 9782896892761. Can$95.00. pp 1092.
As David Kauffman notes in his preface, this book, and its predecessor published in 2008, are intended to represent a practitioner’s insight and to explain a challenging subject that “bewilders and bedevils” those who find themselves caught up in Quebec’s construction industry. The author has accomplished his stated goals by producing a work that not only elucidates the intrinsic complexities of a challenging, standalone system (in North America) but also does so in a way that brings the reader thorough insight into the practical considerations a practitioner of construction law in Quebec is faced with in a real and thought-provoking way.
At one point in his preface Mr Kauffman references an element of this project as bringing to mind Sisyphus, eternally pushing a boulder up a mountain only to have it roll back down again; however, the more apt analogy is to the titan Atlas, bearing the weight of the world on his shoulders. The construction hypothec is truly a monumental undertaking to correlate, analyse and discuss. As was the case with Atlas, Mr Kauffman personifies the quality of endurance. Building upon his 2008 work Mr Kauffman has created an over 1,000-page work which is a detailed record of the “evolution” of the case-law and the development of the Civil Code of Quebec as well as a truly practical manual for English speaking practitioners to rely upon when delving into the world of construction hypothecs.
The work begins with an introduction that provides the reader with a thorough understanding of the unique history of the Quebec legislation. As noted in this preliminary chapter, Quebec developed a civil codification of laws that differentiates itself from the other provinces in Canada as well as all of the states in the United States with the exception of Louisiana, in relation to which Mr Kauffman delivers an appropriate summary. Mr Kauffman demonstrates vast knowledge in respect of the history, development, and application of the Civil Code in his field of practice. This summary sets the table for the reader to study the very technical and challenging framework that the construction hypothec rests upon in the chapters that follow.
Flowing from his introduction, Mr Kauffman immerses the reader in the fundamental concepts underpinning any discussion of construction law hypothecs being: prior claims, hypothecs, and legal hypothecs in favour of persons having taken part in the construction or renovation. In each of these categories, Mr Kauffman discusses the foundational elements of construction hypothecs in a way that appeals to both the academic and the practical reader and allows anyone who is unfamiliar with the subject

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