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Markus Rotterdam

Director of Research
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Phone: (416) 368-8280 Ext: 214
Fax: (416) 368-3467

141 Adelaide St W
Toronto, Ontario, Canada M5H 3L5

Markus Rotterdam is Glaholt LLP’s Director of Research. In that capacity, he is responsible for developing legal arguments and solutions when the firm’s lawyers are presented with complicated, critical legal issues. He is also responsible for all research for the firm’s various publications.

Markus has co-authored several books on construction law and alternative dispute resolution with Duncan Glaholt and has published numerous articles and presentations on those topics. He has provided the primary research and front-line editing for Duncan's other books: Construction, Builders' and Mechanics' Liens in Canada, 7th edition (Carswell, 2005), Conduct of a Lien Action (Carswell), Annotated Ontario Construction Lien Act (Carswell) and Conduct of a Trust Action (Carswell).

Markus Rotterdam

LL.M., Osgoode Hall Law School, 1997

Dipl.-Jur., Ruhr-Universität Bochum, Germany, 1994

Academy Certificate, Hague Academy of International Law, The Netherlands, 1992

Selected Publications

The Law of ADR in Canada: An Introductory Guide, 2nd ed. (Markham: LexisNexis, 2018)

Halsbury’s Laws of Canada, Construction (Markham: LexisNexis, 2008 - Reissue 2013, Reissue 2017)

Halsbury’s Laws of Canada, Construction, Student Edition (Markham: LexisNexis, 2009 - Reissue 2013, Reissue 2017)

Halsbury’s Laws of Canada, Alternative Dispute Resolution (Markham: LexisNexis, 2009, Reissue 2014, Reissue 2018)

O'Brien's Encyclopaedia of Forms, 11th Edition, Building Contracts (Aurora: Canada Law Book, 2007)

O'Brien's Encyclopaedia of Forms, 11th Edition, Bonds & Indemnities (Aurora: Canada Law Book, 2002)

Selected Published Papers

"Summary Judgment in Construction Cases - Has the Culture Shifted?" Journal of the Canadian College of Construction Lawyers 2018

"Working in Canada for Foreign States - Can you Sue? Can you Lien?" (2017) 33:6 Construction Law Letter.

"Made in Ontario" Statutory Adjudication (The 2017 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada)

Tendering: Waiver of Compensation Clause Complete Answer to Claim (Reproduced with permission of the publisher LexisNexis Canada Inc. from Construction Law Letter, Vol. 32, No. 5, May/June 2016)

Arbitrator Questioning: Sphinx or Skeptic?
(2016) Journal of the Canadian College of Construction Lawyers 81

Gross Negligence — Pronounced Dead 100 Years Ago, But Alive And Well” (2015) 31:4 Construction Law Letter 9

“Peace of Mind as Part of a Home Building Contract” (2015) 31:5 Construction Law Letter 6

“The Proper Measure Of Damages For Contractor's Breach Of Contract” (2015) 31:3 Construction Law Letter

“How Not to Instruct your Expert Witness” (2014) 30:6 Construction Law Letter 9

“Pure Economic Loss: The Road to Danger” (2014) 30:5 Construction Law Letter 1

“Confidentiality in Construction Mediation after the Ontario Commercial Mediation Act, 2010
(2013), 20 C.L.R. (4th) 167

“Owner has Right but Not Duty to Investigate Bids for Non-Compliance”
(2013) 29:4 Construction Law Letter 3

“Case Comment: Tercon Contractors Ltd. v. British Columbia (Ministry of Transportation and Highways)" (2010) 24:3 Nuts & Bolts 2

“Case Comment: Kennedy Electric Ltd. v. Rumble Automation Inc.
(2005) 22:3 Toronto Construction News 19 (co-author)

“Prairie Thunder: Lac La Ronge v. Dallas Contracting
(2005) 47:3 Construction Canada 77 (co-author)

“Buying Free of Lien Claims – The Home Buyer Provisions of the Construction Lien Act”
(2004), 27 C.L.R. (3d) 16 (co-author)

“Can You Protect Yourself Against Material Price Increases?”
(2004) 42:4 The Ontario Electrical Contractor 7 (co-author)

"Managing Trust Funds - The New York Model"
(2003), 21 C.L.R. (3d) 74 (co-author)

“Deconstructing Construction Liens”
Law Society of Upper Canada Special Lectures 2002: Real Property Law: Conquering the Complexities
(Toronto: Law Society of Upper Canada, 2002) (co-author)

"An ICC Model for the Resolution of Complex Construction Disputes"
(2002), 14 C.L.R. (3d) 173 (co-author)

"The Defences to Breach of Trust Actions: We Spent all the Money"
(2002), 10 C.L.R. (3d) 262 (co-author)

"Case Comment: Toro Aluminum Ltd. v. Revah"
(2000), 3 C.L.R. (3d) 16 (co-author)

“Breach of Trust – Are You Exposed?”
(2000), 49 C.L.R. (2d) 228 (co-author)

“Overhead Payments Out of Statutory Trust Monies”
(2000), 49 C.L.R. (2d) 36 (co-author)

“Toward an Inquisitorial Model for the Resolution of Complex Construction Disputes” (1998), 36 C.L.R. (2d) 159 (co-author)