Harvey J. Kirsh is a recognized authority in construction law. He has been certified by the Law Society of Upper Canada as a "Specialist in Construction Law", and has more than 40 years of experience in the litigation, arbitration and mediation of complex construction claims and disputes arising out of significant P3, infrastructure, transportation, energy, resource, industrial, commercial, and institutional projects, both domestically and internationally. He was the recipient of the Ontario Bar Association's 2015 Award of Excellence in Alternative Dispute Resolution.
He has acted as legal advisor and counsel with respect many high-profile construction projects, including the $2.6 billion Toronto-York Spadina Subway Extension project; the Four Seasons Centre for the Performing Arts (home of the Canadian Opera Company and the National Ballet of Canada); the Greater Toronto Airport Authority (also known as Lester B. Pearson International Airport); the Niagara Fallsview Casino Resort; the Toronto Transit Commission's $900 million Sheppard Subway; the 580-megawatt Brighton Beach Power Plant (Windsor, Ontario); the CANDU 9 nuclear reactor project (Bruce Nuclear Generating Station); Deerhurst Resort (one of Canada's largest all-season luxury golf, spa, and family resorts, and the site of the G-8 Summit); the Marriott Toronto Downtown Eaton Centre Hotel; the Municipality of Metropolitan Toronto Archives; Northland Power's 110-megawatt Iroquois Falls, Ontario cogeneration plant; numerous University of Toronto construction projects, including fiber optics installation program, Varsity Arena renovations, construction of student dormitories, renovation of law school, dental school facilities; Sunnybrook Health Sciences Centre; The Residences at the Ritz Carlton (luxury high-rise condominium and hotel), and a wide range of other facilities – both public and private – including bridges, transportation facilities, roads and highways, stadiums and arenas, water and wastewater plants, hospitals and healthcare facilities, court houses, manufacturing and distribution facilities, commercial office towers, high-rise condominiums and hotels, municipal projects, schools, shopping centers, and a range of energy projects including co-generation, electrical transmission, and nuclear facilities.
Designated as a Chartered Arbitrator in 1984 by the Arbitration and Mediation Institute of Canada Inc. (now known as the ADR Institute of Canada), he has domestic and international experience in the arbitration of complex construction claims and disputes; was elected a Fellow of the prestigious College of Commercial Arbitrators; and is listed as one of Canada's leading arbitrators in The Chambers Global directory.
His most recent experience as an ADR neutral includes claims arising out of the construction of an international crude oil pipeline, an oil sands project in northern Alberta, a biomass energy project in Nova Scotia, a nickel processing plant in Newfoundland, a Virginia cement finish mill, a Canadian armed forces base, sewage treatment plants in Halifax, a hospital in the Bronx, a brewery facility in the Maritimes, an oil refinery in Utah, a gold mine in northern Ontario, and a municipal water and sewage system in Brooklyn. He was also selected by NJ Transit and the Port Authority of New York and New Jersey to act as Chair of a Dispute Review Board, for both subsurface and surface contracts, relating to the construction of the $8.7 billion Mass Transit Tunnel from the suburbs of New Jersey to central Manhattan.
Harvey was the First President, a Founding Fellow and a Governor of the Canadian College of Construction Lawyers, and also has the distinction of having been elected as a Fellow of the American College of Construction Lawyers.
A prolific writer and popular speaker, Harvey has authored numerous books and articles and has chaired many conferences and seminars in Canada and the United States on various aspects of construction law and alternative dispute resolution. He is also the Founding Editor-in-Chief of the Construction Law Reports, the Founding Editor of the Construction Law Letter, and the Past Editor of JAMS' Global Construction Solutions newsletter.
Harvey has been prominently featured as a leading practitioner in the field of construction law in The Best Lawyers in Canada Directory, the Canadian Legal Lexpert Directory, the Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada, Who's Who Legal, and The Cross-Border Construction and Projects Handbook. He also has been an Adjunct Professor at the Faculty of Law, University of Toronto, where he created and taught a course entitled "From Blueprints to Buildings: Legal Issues in the Construction Industry."