Public procurement law

Public procurement law in Quebec is a very specialized field, and this stems from the very vast and constantly evolving nature of the normative framework governing the conclusion of public contracts in Quebec. The Act respecting contracting by public bodies (the “ACPB”), which in 2006 truly revolutionized the normative landscape applicable to contracts by public bodies, has been amended 21 times since its adoption. From this centerpiece of Quebec legislation on the subject emanate no less than 21 regulations. In addition, there are various contractual management directives adopted by the Conseil du trésor (Québec’s Treasury Board) intended for public bodies, two contractual management policies adopted by this same Conseil du trésor, and the various national and international trade agreements which contain their own rules. The ACPB also kept the courts busy, with more than 175 court decisions referring to it since its adoption.

Many other laws complete this already vast picture. The Act respecting the Autorité des marchés publics, the Anti-corruption Act, the Lobbying Transparency and Ethics Act, Integrity in Public Contracts Act and finally the Competition Act all contain provisions that any company wishing to enter into a contract with the State must be aware of.

The rights and remedies of companies wishing to contract with the State are also very diverse, but must also be very well targeted and may vary depending on when they are exercised: a complaint before a public body during the tendering process, a complaint before the Autorité des marchés publics during the tendering process, a “communication of information” to the Autorité des marchés publics, an injunctive relief before the courts, and a recourse in damages before the courts are just examples of many remedies available to companies involved in a contractual process with the State.

For more than 10 years, Liviu Kaufman has guided his clients through this complex system by offering them targeted advice and by undertaking the appropriate remedies on their behalf. Liviu Kaufman’s combined experience in commercial litigation and public procurement law is an important asset.

Commercial litigation

Liviu Kaufman has been practicing commercial litigation for over 15 years and was formerly a partner in the litigation department of a highly recognized national law firm, where he began his career. He works with a sophisticated local and international clientele who considers him a very versatile litigator with strong analytical skills. He has significant trial experience before several judicial bodies, in areas as varied as leasing, estates, judicial review, insurance, real estate, labor law, private international law, contract termination claims, franchising, freedom of information access to information requests, and all matters related to calls for tenders and public contracts.