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Michael Valo

Partner

Bio

Michael specializes in international construction arbitration, and has experience working for owners, contractors, and engineers. His work focuses on large scale infrastructure projects including pipelines, power generation and transmission, refineries, tunneling, light rail, mining and hospitals.  Michael’s international arbitration experience includes disputes under ICC and UNCITRAL rules, as well as ad hoc rules. Michael has also advised clients in respect of disputes before project Dispute Resolution Boards.

Michael’s dispute practice relates to all manner of project delivery methods including design-build, design-bid-build, EPC and EPCM contracts, as well as Public Private Partnerships (P3).  Michael has extensive experience with claims for disruption, delay and prolongation, designer negligence, and construction deficiencies.


Michael is the co-author of a chapter in "Review of Construction Law: Recent Developments" (Toronto: Carswell, 2012) on the subject of Building Information Modeling. He is also a co-author of the chapter “Sustainable Construction” in Modern Legal Landscape of Design Professional Practice (Toronto: Carswell, forthcoming in 2022). He was previously a co-editor of the IBA’s Construction Law International.

Michael is a Founding Member of the Society of Construction Law North America and Regional Director for the Ontario region. He has been recognized as a Leading Lawyer to Watch by Lexpert, and by Who’s Who as a Future Leader in Construction Law.


Michael is an Adjunct Professor of Construction Law at the University of Toronto, Faculty of Law.

Memberships

  • Society of Construction Law, North America (Founding Member)
  • American Bar Association Forum on Construction Law
  • International Bar Association
  • ICC Young Arbitrators Forum
  • Ontario Bar Association, Construction Law Section

Representative Work

  • Ad hoc arbitration related to engineering deficiencies for a cross border crude oil pipeline project.
  • ICC arbitration related to an EPC Contract for a coal fired power plant, in Africa.
  • ICC arbitration related to an ore slurry pipeline, in Africa.
  • ICC arbitration related to an ore processing plant, in Africa.
  • Represented Design Builder in disputes related to a P3 hospital redevelopment.
  • UNCITRAL arbitration related to a gas processing facility, in northern British Columbia.
  • Ad hoc arbitration related to a nickel hydrometallurgical processing facility.
  • Represented owner in disputes related to an EPC contract for a natural gas pipeline in Mexico.
  • Represented contractor in various disputes related to a light rail tunneling project.
  • Represented Design Builder in claims related  to a P3 contract for the design, construction, maintenance and operation of a series of highway service centres.
  • Represented a turnkey contractor in disputes related to the delivery and installation of an evaporation and crystallization system for a potash mine.
  • Represented turnkey contractor in disputes related to delivery and installation of a new hot strip rolling steel production system.
  • Represented subcontractor in claims for time and money related to  trackwork installation for a light rail transit project.
  • Ad hoc arbitration related to the delivery of light rail vehicles for a new P3 light rail transit project.
  • Ad hoc arbitration related to the construction of a new hydro power generating facility.
  • Ad hoc arbitration related the design and construction of a new rapid transit way.

Representative Publications

Education & Admissions

Accreditations

Michael Valo