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Dispute resolution (ADR)

Dispute Resolution Board:

Appointed as chair of the Standby Committee established by Public Works and Government Services Canada (PWGSC) and the consortium Signature on the Saint-Laurent Group G.P. for the New Bridge of the St. Lawrence Corridor Project.

 

Project Mediator:

In 2012 and 2015, on two similar residential building projects (13-15M$) in Montreal, performed by two different general contractors under lumpsum contracts with two different housing cooperatives financed by both municipal and provincial governments.

 

Mediations:

Different claims and counter-claims (delays, extra works, damages) totaling approximately 2M$ between a general contractor and a school board in relation with the construction of two schools in the Montreal area;

Shareholder disputes between two shareholders of a construction company and its bonding company;

Claims and counter-claims totaling approximately 2M$ between a general contractor and a city in relation with the addition and renovation of a sports complex;

Between a project management consulting firm and an art museum for extra fees (circa 200K$) resulting from the delay on the renovation and addition to an existing museum;

3.5M $ claim for extra work and impact costs from a general contractor against a federal department in relation with the construction of a veterans hospital.

200K$ claim from a consulting engineering firm against the Department of Foreign Affairs for additional design work pertaining to a Canadian chancery.

Claim for delay (250K$) from a general contractor against a vocational college resulting from renovation works on a theater hall in Saint-Laurent.

Loss of productivity claim (200K$) from a masonry contractor against a public body resulting from renovation works to the main entrance of a provincial prison in Montreal.

Dispute (500K$) between a general contractor and its demolition sub-contractor in relation with the asbestos removal scope of work during the renovation of a long term care facility in Laval.

Multiple claims totaling 2.3M $ between a commercial developer and a general contractor in relation with construction defects and delays in the construction of a shopping centre in the Montreal region.

Delay claim (500K$) by a general contractor against a community coop in relation with the 5M$ construction of a new community centre in the Outaouais region, Quebec.

Delay claim (100K$) from a general contractor against a Quebec government public owner in relation with the renovation of a prison in St-Jérôme, Quebec.

$400K claim for loss of productivity and extra work from a general contractor against a federal department in relation with reinforcement works of an existing pier in the Montreal old Wharf.

2.5M $ litigation between a structural steel manufacturer and its installation subcontractor in relation with supplementary works, loss of productivity and delay claims resulting from the erection of the megatrusses in the structure of a convention center in downtown Montreal.

Between a real estate company, a construction and engineering company and two general contractors in relation with a 2M $ litigation resulting from paving works of the underground parkings of two buildings in downtown Montreal.

During the execution of the works on the extension of an operating water filtration plant for a list of unresolved disputes (2M$) between a general contractor and a city.

Between a general contractor and a public body in relation with a 1.4 M $ delay claim resulting from the addition and alteration of an existing hospital.

12M $ dispute between a general contractor and a city in relation with claims for extras and delays on a design-build contract for a sports arena.

6 year litigation (5M$) involving a general contractor, a college and the project professionals in relation with a delay claim and counter-claim resulting from the addition and renovation of an existing building.

Between a general contractor and a college in Montreal, in relation with a 600 K $ dispute resulting from a delay claim and a subcontractor claim for extra works and delay.

Dispute (0.5M$) between a general contractor and a city in relation with the construction of its new city hall. The dispute involved unpaid extras and a claim for delay.

Between a mechanical contractor and a multinational industrial company in relation with a 1M$ dispute resulting from works carried out on a time and material basis at a tar sands project in Alberta.

Advised a large construction-engineering firm and prepared its file, in view of a proposed mediation with a public institution, of a dispute of about $20M resulting from the design-build contract of a $200M building project in Montreal.

Dispute between a general contractor and a public owner in relation with a claim ($2M) for extra work and delay resulting from the renovation of a building in Montreal.

Construction dispute (approx. $0.5M) between a construction-engineering firm and an institutional owner in relation with a claim for additional costs resulting from the delay in the completion of an underground parking (approx. value 15M$), in Montreal.

Conflict resulting from a design-build contract between a general contractor and the  federal government, in relation with the construction of airport facilities in Northern Quebec.

Between a general contractor and a quasi-public owner in order to resolve their conflict ($1.9M) originating from cladding repair work on an office building in downtown Montreal.
 
Dispute ($4M) opposing a general contractor and a private owner resulting from the construction of a luxury hotel in Mont-Tremblant, Quebec.

Claim ($1.3M) by a general contractor against a public institution in relation with extra work and delay resulting from the construction of a new building in Montreal.

Dispute (0.5M $) between a contractor and a major public utility in relation with architectural works in an infrastructure project in James Bay.

Two litigations (8M $) opposing the same general contractor and city following the construction of two different public buildings.
Claim (1M$) against a professional liability insurer in relation with the faulty design of a concrete structure used as an environmental treatment equipment.

Between the administrators of a condominium and their insurer in relation with a claim (450K$) resulting from a fire.
Partnering:

Member of a panel of three facilitators mandated to carry out a partnering process on one of the phases of the restoration of the parliamentary buildings, in Ottawa.

 

Arbitrations:

Plaintiff-designated arbitrator, with Mr. Jean-Claude Champagne, on an arbitration panel presided by Me Guy Sarault in relation to a claim for defective work (250K$) resulting from the construction of a multi-unit residential building in Montreal.

Acted a sole arbitrator on all the following cases:

Action on account (25K$) and a cross-demand (90K$) for faulty workmanship in relation with the addition to a residential house in Montreal.

Declaratory action from a large construction and engineering firm against a city on the nature and scope of work of its 12M$ contract for professional services for the 80M$ renovation and addition of a water treatment plant in Laval.

400K$ dispute between an industrial owner and the general contractor responsible for a leveling defect in the construction of a food-processing plant.

43K$ litigation between a general contractor and a city in relation to a claim resulting from soil conditions in the installation of water and sewer pipes.

1.3 M$ litigation between a general contractor and a city transit company in relation with decontaminating works carried out at the beginning of a 13M$ addition project to a  bus garage in Longueuil. The arbitration process was carried out in two phases; the first, dealing solely with the validity of the claim, at the beginning of the project and the second, towards the end of the project, on the quantum.

1.2M$ litigation between a private developer and a large construction firm in relation with extra works claimed during the transformation of a hotel into a residential multi-level building.

Merits only of a claim for extra resulting from different soil conditions encountered in the renaturalization works of a river in a federal park in Quebec City.

273K$ claim resulting from soil conditions in a water and sewer project in Rouyn-Noranda.

156K$ litigation resulting from the interpretation of contract documents for a roofing contract on a federal building in Shawinigan.

150K $ dispute between a hotel developer and a formwork subcontractor in relation to the scope of work of the concrete structure of a 22 storey building in downtown Montreal.

55K$ commercial dispute between two shareholders in relation with a loan repayment.

43K$ claim against a city resulting from soil conditions encountered in the installation of water and sewer pipes in the Eastern Townships.

50K$ commercial dispute between a prefabricated house manufacturer and its installer.

Contradictory expert evaluations of a damaged vehicle in an insurance claim.

100K$ dispute between the owners and a general contractor resulting from renovation works to their residence.