ARTICLE · 12 JUNE 2018

Construction: A Subcontractor May Be Bound By Clauses In The Tender Documents To Which It Is Not Party

Prévost Fortin D'Aoust Attorneys

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On January 12, 2018, the Court of Appeal of Québec handed down an important ruling on the claim process set out in construction contracts (Cegerco inc. c. Les Équipements JVC inc., 2018 QCCA 28).

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Prévost Fortin D'Aoust Attorneys

On January 12, 2018, the Court of Appeal of Québec handed down an important ruling on the claim process set out in construction contracts (Cegerco inc. c. Les Équipements JVC inc., 2018 QCCA 28).

The facts in this case are as follows.

On July 17, 2008, Cegerco inc. ("Cegerco") was awarded a subcontract with Les Équipements JVC. inc. ("JVC") to carry out concrete work under a contract between JVC and the Société d'énergie de la Baie James ("SEBJ").

Following the provisional acceptance of the work on December 22, 2008, Cegerco claimed that certain ground conditions were different from those foreseen in the contract and that delays had slowed the advancement of the work, leading to additional costs. However, the SEBJ only received Cegerco's claim for these additional costs on December 4, 2009.

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