On March 9, 2023, the Hon. Jacques G. Bouchard, J.C.S. dismissed an appeal in warranty brought by the Attorney General of Québec (the “AGQ”), in right of Québec’s Ministry of Transport, Sustainable Mobility and Transport Electrification (the “MTQ”), against its design engineer, WSP Canada Inc. (“WSP”) in connection with a project to replace culverts on Route 138 in the municipality of Deschambault-Grondines (the “Project”).

The contractor, Construction et Pavage Portneuf Inc. (“CPPI”) had claimed $254,159.29 from the AGQ for loss of revenue as well as harm sustained in connection with the Project, on the ground that the MTQ had allegedly not supplied it with certain material information about the drainage problems on the worksite. Essentially, CPPI considered that its working methods had been altered due to different conditions of execution at the time of the work, and due to wrongful errors and omissions in the call for tenders documents, including the plans and specifications prepared by WSP.

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