The Risks of Miscommunication on a Construction Site

Our partners Nicolas Gosselin and Julien Tricart, along with our articling student Sarah Leclerc, have revisited the recent case of Ville de Québec c. Constructions BSL inc., 2022 QCCA 1682. This case provides a fine example of the challenges that general contractors may encounter when communication breaks down at a construction site.

In 2012, Québec City issued a call for tenders for the construction of an aqueduct main across the Saint-Charles River. The work was to be completed within 75 working days, failing which penalties would apply. The project had a special feature in that the had to be installed on a standing footbridge approximately 100 metres long, which had to be built to respecting to precise structural specifications.

Issues with the design and manufacture of the footbridge disrupted the schedule and caused major delays, a situation that the general contractor did not disclose to its subcontractors, causing them to incur significant additional costs.

Our professionals have reviewed some of the findings stemming from the 14 issues submitted to the Court of Appeal and drawn some key conclusions.