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ARTICLE · 06 FEBRUARY 2017

Professional Liability: A Matter Of "When" Rather Than "If"

Professionals tend to get caught up in construction disputes, no matter their involvement in the project.

CanadaReal Estate and Construction

Professionals tend to get caught up in construction disputes, no matter their involvement in the project. Much of the reason is that provisions of the Civil Code of Quebec make engineers and architects particularly vulnerable to lawsuits when they have directed or supervised work. With the rise in the number of construction disputes over the years, these professionals have first-hand experience with growing liability risks in the current project environment, where it is more a matter of "when" you will be sued, rather than "if" you will be.

There have been other changes that have had an impact on defending against legal actions for professional liability. On January 1st, 2016, reforms to the Code of Civil Procedure came into force, with new rules governing the use of a joint expert to promote access to justice, and reduce costs and delays1. Now courts can impose a joint expertise on the parties, but ironically this can have the unintended effect of making the legal

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