SERVICES OFFERED
Serge Pisapia, Canadian DRB Panelist, Mediator, & Arbitrator, explains the differences in processes.
Serge Pisapia talks about a Dispute Adjudication Board.
DISPUTE BOARDS
Serge Pisapia is the chair of several dispute resolution committees such as the one established for the construction of the new Samuel-De-Champlain Bridge.
These “Dispute Adjudication Boards” are generally composed of three members who are appointed at the beginning of major infrastructure projects and who remain in place until their final acceptance. The chair of the committee is generally a lawyer and the two (2) other members are engineers or an engineer and a chartered accountant. The committee makes decisions that are immediately enforceable during the project while allowing the parties to resubmit their dispute later, either in arbitration or before the Court.
Serge Pisapia is the chair of several dispute resolution committees such as the one established for the construction of the new Samuel-De-Champlain Bridge.
These “Dispute Adjudication Boards” are generally composed of three members who are appointed at the beginning of major infrastructure projects and who remain in place until their final acceptance. The chair of the committee is generally a lawyer and the two (2) other members are engineers or an engineer and a chartered accountant. The committee makes decisions that are immediately enforceable during the project while allowing the parties to resubmit their dispute later, either in arbitration or before the Court.
2025 to 2023
Chair of the Dispute Resolution Committee established for the Montreal Metro Blue Line train control contract between the Société de transport de Montréal (STM) and Hitachi Rail GTS Canada Inc.
2015 to present
Chair of the Dispute Resolution Committee (“Standby Committee”) (with a chartered accountant and an engineer) established by Public Works and Government Services Canada and the Groupe Signature sur le Saint-Laurent consortium responsible for the design and construction of the $5 billion new Samuel De Champlain Bridge project on the Saint-Laurent corridor.
2023 to 2030
Chair of the Standing Dispute Resolution Committee (with a lawyer and an engineer) established by the Ministry of Transportation and Sustainable Mobility and the Groupe Nouveau Pont Île-aux-Tourtes, composed of the firms Dragados Canada, Construction Demathieu & Bard (CDB), and Roxboro Excavation, for the $2.3 billion design-build-finance contract for the reconstruction of the Île-aux-Tourtes Bridge between Vaudreuil-Dorion and Senneville.
2023 to 2025
Sole member of the Dispute Resolution Committee established by the Société de transport de Laval (STL) and the contractor Tisseur Inc. for the entire duration of Phase 4 of the $158 million expansion and redevelopment of the STL operations center. 2022 to 2028
Chair of the Permanent Dispute Arbitration Committee (with two engineers) established by the City of Montreal and Pomerleau Inc. for the Jean-R. Marcotte Wastewater Treatment Plant project.
2022 to 2028
Chair of the Permanent Dispute Arbitration Committee (with two engineers) established by the City of Montreal and Pomerleau Inc. for the Jean-R. Marcotte Wastewater Treatment Plant project.
2022 to 2026
Chair of the Project Dispute Resolution Board (with one engineer and one chartered accountant) established by Recyclage Carbone Varennes, a consortium composed of Enerkem, Shell, Suncor, and Proman, for the construction of its $875 million green hydrogen production plant in Varennes.
MEDIATION
Mr Pisapia mediates all types of contractual disputes ranging up to tens of millions of dollars between the many actors involved in the execution of mostly public large construction projects.
1. Multiparty 60M$ litigation involving a general contractor and its bonding company against a city, its consortiums of architects and engineers and their respective professional liability insurers in relation with multiple claims for extras and delay costs and penalty made during the construction of a sports facility.
2. 15M$ disputes between a general contractor and a metropolitan transport board and its consulting engineers in relation with the construction of a subway ventilation shaft.
3. 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.
4. Litigation involving claims and counterclaims totaling 10M$ between a general contractor, its steel subcontractor, its own subcontractor responsible for the installation and the consulting engineers involved in the erection of a bridge.
5. Two litigations (8M $) opposing the same general contractor and city following the construction of two different public buildings.
6. 6 year litigation (5M$) 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.
7. Dispute ($4M) opposing a general contractor and a private owner resulting from the construction of a luxury hotel in Mont-Tremblant, Quebec.
8. 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.
9. Two (2) separate disputes for latent defects totaling 3M$ involving in one instance, the syndicate of co-owners and the developer responsible for the renovation of their historic apartment building and in the other instance that same developer and its general contractor and consulting engineers.
10. 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.
11. 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.
12. 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.
13. Dispute between a general contractor and a public owner in relation with a claim ($2M) for extra work and delay resulting from the renovation of a building in Montreal.
14. During the execution of the works on the extension of an operating water filtration plant for a list of unresolved disputes (2M$) between a general contractor and a city.
15. 2M$ multi-party mediation in relation with the construction of an athletic field on a municipal project 16. 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.
17. 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.
18. Between a general contractor and a quasi-public owner in order to resolve their conflict ($1.9M) originating from cladding repair work on an office building in downtown Montreal.
19. 1.5M$ multi-party litigation in relation with the envelope of a condominium project.
20. Multiple disputes totaling 1.5M$ between a general contractor and the same school board in relation with the construction of two new schools.
21. Multiple claims totaling 1.5M$ between a general contractor and a city in relation with the construction of a new sports complex.
22. 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.
23. Claim ($1.3M) by a general contractor against a public institution in relation with extra work and delay resulting from the construction of a new building in Montreal.
24. 1M$ dispute between a major subcontractor and the private consortium in charge of a PPP construction of a hospital.
25. Claim (1M$) against a professional liability insurer in relation with the faulty design of a concrete structure used as an environmental treatment equipment.
26. Claims for extra work in the amount of 1M$ from a supplier and its subcontractor against a steel erector involved in the renovation of the Jacques-Cartier bridge in Montreal.
27. 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.
28. 1M$ claim against a professional liability insurer in relation with the faulty design of a concrete structure being part of an environmental treatment facility.
29. Dispute between a special event firm and its designer and contractor in relation with an artistic installation in a hospital.
30. 1M$ dispute between a crown corporation, a general contractor and its masonry subcontractor in relation with the renovation of a military building.
31. 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.
32. Dispute (500K$) between a general contractor and its demolition sub-contractor in relation with the asbestos removal scope of work during the renovation of a long-term care facility in Laval.
33. Delay claim (500K$) by a general contractor against a community coop in relation with the 5M$ construction of a new community centre in the Outaouais region, Quebec.
34. $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
35. 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.
36. Dispute (500K$) 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.
37. Dispute (500K $) between a contractor and a major public utility in relation with architectural works in an infrastructure project in James Bay.
38. Between the administrators of a condominium and their insurer in relation with a claim (450K$) resulting from a fire.
39. Two disputes totaling 330K$ between the general contractor and the owner in relation with the renovation of the Macdonald-Cartier bridge between Ottawa and Gatineau.
40. Claim for delay (250K$) from a general contractor against a vocational college resulting from renovation works on a theater hall in Saint-Laurent.
41. Between a transit authority, its consulting engineers and the general contractor in relation with alleged deficiencies valued at approximately 200K $.
42. Shareholder disputes between two shareholders of a construction company and its bonding company.
43. Between a project management consulting firm and an art museum for extra fees (circa 200K$) resulting from the delay on the renovation and addition to an existing museum;
44. 200K$ claim from a consulting engineering firm against the Department of Foreign Affairs for additional design work pertaining to a Canadian chancery.
45. Loss of productivity claim (200K$) from a masonry contractor against a public body resulting from renovation works to the main entrance of a provincial prison in Montreal.
46. Delay claim (100K$) from a general contractor against a Quebec government public owner in relation with the renovation of a prison in St-Jérôme, Quebec.
47. 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.
ARBITRATION
Sometimes as member of a panel but mostly as a single arbitrator, Mr Pisapia decides construction disputes following a tightly managed and often times “fast track” arbitration process, either during or soon after the completion of the project.
Member of an arbitration panel
1. Defendant-designated arbitrator with Me Normand d’Amour on an arbitration panel presided by Me Olivier Després in relation with a 3.5 M $ claim by a sub-contractor against the consortium charged with the construction of a new highway in the Montreal area.
2. Plaintiff-designated arbitrator with Mr. William Neville on a panel chaired by Me Daniel Urbas for the adjudication of
a 3M$ claim from a consulting engineering firm against the general contractor responsible for a revitalization project of a plant in Ontario.
3. 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$) resulting from the construction of a multi-unit residential building in Montreal.
4. Chair of an arbitration panel in a matter of destitution of a property administrator Sole arbitrator on all the following cases.
Sole arbitrator on all the following cases:
5. Two (2) separate fast track arbitrations (adjudication style) for a 1M$ and a 4.5M$ dispute between different subcontractors and the consortium in charge of the construction of a mega hospital under the PPP mode in Montreal.
6. Independent expert (adjudication style) as to the interpretation of a PPP contract in relation with the payment mechanism for the private partner’s services in a hospital research center in Montreal.
7. Technical arbitrator (adjudication style) for the determination of the conformity of security works in a new prison built under the PPP mode.
8. 2M$ delay dispute between a general contractor and the owner of a subsidized multiple apartment hosing complex.
9. 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.
10. 1.5 M $ contractual claim between a supplier of goods and a wood manufacturer in the Montreal area.
11. 1.5M$ dispute between a subcontractor and a general contractor in relation with works carried out on a mining project.
12. 1.5 M $ dispute between a contractor and a city in relation with water works in the Gatineau area.
13. Two (2) arbitrations (merits and then quantum) adjudicating a 1.3M$ 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 maintenance center in Longueil.
14. 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.
15. 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.
16. 400K$ dispute between an industrial owner and the general contractor responsible for a leveling defect in the construction of a food-processing plant.
17. 350K$ dispute between co-owners in relation with the reimbursement of the damges caused by a fire in their residential units.
18. 300K$ additional claim from insured against its insurers for damages resulting from a flooding in their residence.
19. 273K$ claim resulting from soil conditions in a water and sewer project in Rouyn-Noranda.
20. 173K$ claim from a mechanical subcontractor against a municipal agency in relation with the interpretation of a monetary allocation clause in a CCDC contract.
21. 156K$ litigation resulting from the interpretation of contract documents for a roofing contract on a federal building in Shawinigan.
22. 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.
23. 100K$ dispute between the owners and a general contractor resulting from renovation works to their residence.
24. 55K$ commercial dispute between two shareholders in relation with a loan repayment.
25. 50K$ commercial dispute between a prefabricated house manufacturer and its installer.
26. Retained by a group of caisses populaires to interpret their agreements in relation with financial losses.
27. 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.
28. 43K$ claim against a city resulting from soil conditions encountered in the installation of water and sewer pipes in the Eastern Townships.
29. Action on account (25K$) and a cross-demand (90K$) for faulty workmanship in relation with the addition to a residential house in Montreal.
30. Two (2) arbitrations for latent defects under the new residential building warranty plan.
31. Contradictory expert evaluations of a damaged vehicle in an insurance claim.
ADJUDICATION
Mr. Pisapia was selected to be part of the directory of twenty-five (25) expert interveners across Quebec accredited by the Institut de médiation et d’arbitrage du Québec (IMAQ) to intervene on public construction contracts chosen as part of the Treasury Board pilot project aimed at facilitating rapid payments.
Mr. Pisapia was selected to be part of the directory of twenty-five (25) expert interveners across Quebec accredited by the Institut de médiation et d’arbitrage du Québec (IMAQ) to intervene on public construction contracts chosen as part of the Treasury Board pilot project aimed at facilitating rapid payments.
1. Acted in a request for intervention between a general contractor and a client regarding the determination of the per
diem to be applied for a claim for compensation for late fees.
2. Intervened in a request for intervention between a general contractor and a client regarding the latter’s right to claim
a $300,000 credit for the cancellation of a vapor barrier membrane.
3. Request for intervention between a general contractor and a client regarding a claim for $800,000 for additional
winter conditions resulting from a delay in foundation work.
PARTNERING
Mr. Pisapia has been invited to join a three- member team of facilitators for a partnering session prior to the renovation of one of the parliament buildings in Ottawa.
PROJECT MEDIATOR
Mr. Pisapia has already been appointed as a project mediator, as provided for, among other things, in the dispute resolution clause of the CCDC standard construction contracts.
He is also the project mediator chosen by the parties involved in the Louis-Hyppolite-La Fontaine tunnel rehabilitation project in Montreal.
Mr. Pisapia has already been appointed as a project mediator, as provided for, among other things, in the dispute resolution clause of the CCDC standard construction contracts.
He is also the project mediator chosen by the parties involved in the Louis-Hyppolite-La Fontaine tunnel rehabilitation project in Montreal.
2023 to 2026
Louis-Hyppolite-La Fontaine tunnel rehabilitation project ($2.5 billion) of the Ministère des Transports et de la Mobilité Durable, carried out using a design-build-finance method by the Renouveau La Fontaine group, composed of the firms Pomerleau, Eurovia Infra, and Dodin Campenon Bernard SAS.
2022
Three construction projects with a total value of $115 million carried out in parallel by a general contractor on behalf of a city.
2019
$30 million fixed-price building construction project by a federal Crown corporation.
2015
Project mediator appointed by a general contractor and a housing cooperative for the construction of a housing complex valued at approximately $15 million;
2012
Project mediator for the construction of a new 130-unit building valued at $13 million, carried out on a fixed-price basis by a general contractor on behalf of a community non-profit organization in Montreal.
TEACHING & TRAINING
Frequently invited to give lectures on the settlement of construction disputes, Mr. Pisapia has also trained mediators and arbitrators abroad and regularly gives courses on this subject to various stakeholders in this industry.
Frequently invited to give lectures on the settlement of construction disputes, Mr. Pisapia has also trained mediators and arbitrators abroad and regularly gives courses on this subject to various stakeholders in this industry.
2025
1. Annual 4-hour course on mediation as part of the University Diploma (DU) in Organizational and Economic Mediation, Continuing Education Center (CFP), University of Paris II (Panthéon-Assas) since 2021.
2022
2. 5-hour training leading to the accreditation of expert interveners selected by IMAQ to work on projects included in the President of the Treasury Board’s renewed pilot project to facilitate payments in the construction industry, IMAQ/University of Sherbrooke, April 13, 2022.
2021
3. 3-hour training on the continuum of contractual DRP methods as part of the conferences offered by the Quebec Bar Foundation, December 9, 2021.
4. Three (3)-hour training workshop on construction dispute prevention and resolution methods with the Société des transports de Montréal (STM) for the construction of the Montreal metro’s blue line, Montreal,
May 31, 2021.
2020
05. 3-hour training session on conflict management systems in the construction industry given with Me Christian Crites at the Ordre des ingénieurs du Québec, Gatineau, February 6, 2020.
2019
06. Three (3)-hour training workshop on methods for preventing and resolving construction disputes at the Société des transports de Laval (STL), Laval, November 20, 2019.
07. Three (3)-hour course entitled “Dispute Prevention and Resolution as a Project Management Tool” given with Ms. Rosanna Eugeni, engineer, as part of the annual conference of the Ordre des ingénieurs du Québec (OIQ), Montreal, May 6, 2019.
08. Three (3)-hour training workshop on methods for preventing and resolving construction disputes Construction Disputes with
Mr. Jean-Claude Champagne, Eng., Ministère des Affaires municipales et de l’Habitation (MAMH), City of Quebec, May 1, 2019.
2018
09. One-day training session for expert interveners included in the IMAQ roster to resolve disputes that may arise on public construction projects selected as part of the pilot project decreed by Ministerial Order number 2018-01 of the President of the Treasury Board.
10. Lecturer for four (4) courses on PRDs in the construction sector as part of the master’s course GES 827 at the École de technologie supérieure de Montréal (ÉTS), fall 2017 and 2018.
2017
11. Three (3)-day advanced training (48 participants) and two-day awareness workshops (for lawyers and judges) in commercial mediation at the Ouagadougou Arbitration, Mediation and Conciliation Center (CAMC-O) in Burkina Faso, in December 2010. This project is the result of a collaboration between the Institut de médiation et d’arbitrage du Québec (IMAQ), Éducadroits International, and the University of Sherbrooke, which were selected following an international call for proposals issued by the International Finance Corporation, World Bank Group.
12. Mediator and member of the mediation jury, with two judges and the director of the program. PRD of the University of Sherbrooke, during the International Moot Court and Mediation Competition entitled “The 48 Hours of Health Law” organized by the Faculty of Law of the University of Sherbrooke, which is taking place for the first time on the American continent.
2009
13. Three (3) hour course on mediation of construction disputes as part of the master’s course on construction law given at the Faculty of Law of Laval University in Quebec City on December 7, 2009.
14. Two-week training, in May 2009, for 30 arbitrators, 40 mediators/conciliators, and 10 staff members of the Arbitration, Mediation, and Conciliation Center (CAMeC) in Cotonou, Benin. This program is the result of a partnership between the University of Sherbrooke and Éducadroits International, in collaboration with the Faculty of Law and Political Science of the University of Abomey-Calavi in Cotonou, following an international call for proposals launched by the Millennium Challenge Account-Benin (MCA-Benin).
2008
15. Civil and Commercial Mediation Training Program in Senegal, offered in April 2008 by the Institut de médiation et d’arbitrage du Québec (IMAQ) and the University of Sherbrooke, in partnership with the Dakar Arbitration, Mediation and Conciliation Center (CAM-C) and the University of Dakar. The program was aimed at approximately 50 participants, representatives of the Ministry of Justice, the judiciary, the Dakar Bar Association, and leaders of Senegal’s major economic players.
2006
16. Two (2) day training course on drafting additional compensation requests given within the Consultants Formation et Gestion group for the benefit of the Corporation des entrepreneurs généraux du Québec,
Gatineau, January 2006.
