Les Excavations H. St-Pierre Inc. Prevails Against the MTQ

The Superior Court recently ruled in favor of Les Excavations H. St-Pierre Inc. in a dispute with the Quebec Ministry of Transport (MTQ) regarding a bridge reconstruction project in Saint-Valère. For the purposes of this project, Les Excavations H. St-Pierre Inc. had subcontracted the entire work to Excavations Mario Roy Inc.

In its decision, the Court emphasized the importance for a project owner to provide contractors with complete and accurate information before the start of the work.

Incomplete information in plans and specifications

The Court found that the plans and specifications provided by the MTQ did not adequately reflect certain conditions essential to the execution of the work. These shortcomings caused several difficulties on site for Excavations Mario Roy Inc., including:

• issues related to the stability of excavation slopes;
• the need to install temporary shoring;
• the performance of additional, unforeseen work.

The Court determined that the contractor had been misled as to the actual conditions of the project and that the MTQ had breached its duty to inform, committing a fault that engages its civil liability and renders it responsible for the additional costs and damages suffered by the contractor. The Court therefore awarded compensation in the amount of $165,589.31, in addition to interest, legal costs, and expert fees.

This decision, through a comprehensive review of the applicable case law in similar matters, serves as a reminder that it is essential for contractors in the construction industry to be able to rely on the information provided in contractual documents and during the execution of the work.

De Grandpré Chait is proud to have represented Les Excavations H. St-Pierre Inc. with a construction law team composed of Me François Beauchamp and Me Jean-François Hamel, and wishes to particularly thank its client, Excavations Mario Roy Inc., for its continued trust throughout this matter.