The Inability To Use The Work For Its Intended Purpose Precludes Its Completion

In a recent decision, the Court of Appeal of Quebec underlined that the end of the work can only occur when the work has been produced and is ready to be used for its intended use, which necessarily implies that the work stipulated in the plans and specifications has been carried out and that the work is fit to be used for its intended purpose. In this particular case, a contractor argued that it couldn't be held liable because of the alleged expiry of the prescribed time period and the non-application of the guarantee against loss of the work. Since the evidence showed that the work was affected by problems preventing it from being used for its intended purpose, the Court of Appeal rejected those arguments. Before turning our attention to the court's analysis, let's first review the concept of completion of the work.