30 April 2020
CGC’s expertise required for the Pomerleau v. the Port of Sept-Îles case
On April 30, 2020, the Superior Court of Québec rendered a decision in the case of Pomerleau Inc. v. the Port of Sept-Îles (the Port).
On September 14, 2012, Pomerleau was awarded a contract in the amount of $97.7 million by the Port for the construction of a 420-metre deep-water wharf parallel to the shore, attached to the mainland by a 557-metre approach wharf.
Pomerleau was confronted with geological conditions that were different than those expected:
- A lower bearing capacity of the soil at the location of the planned construction of an approach jetty parallel to the temporary wharf.
- A greater compressive strength of the rock at the location of the drilling of the 130 piles supporting the approach jetty and the main wharf.
Pomerleau therefore initiated legal proceedings against the Port, seeking $68.3 million in damages. This figure, which was amended multiple times, was finally reduced to $35 million at the beginning of the hearing.
In this case, CGC was mandated by the Port’s legal counsel to analyze the validity of Pomerleau’s claim and assess how the geological conditions impacted the timeline of the project and the amounts claimed.
In its judgment, the Court declared that the explanations and calculations presented by CGC in its reports helped them understand the operations carried out by Pomerleau on the site. In addition, the Court highlighted Jean-Pierre Bourque’s expert testimony, which enabled them to identify the challenges stemming from the problems encountered.