(Sept-Iles) The impasse over access to multi-user dock is hardly unwound a new tile fell on the Port of Sept-Îles. The Sun has learned that the company is claiming 68.3 million Pomerleau $ for additional costs related to the construction of infrastructure mega $ 220 million.
Pomerleau began legal proceedings against the Sept-Iles (APSI) and the Attorney General of Canada to be compensated for the contract valued at $ 96.7 million, granted in 2012.
In the petition filed in Superior Court on July 16, the company said he had to “deal with the conditions of soil and rock containing a large gap” between the information provided by the Port and “those encountered”, which would have effect of “completely distorting” the original contract, “thus causing an explosion of additional costs, losses and damages.”
The state of rock and soil differed so much information held all other work would have been impacted, according to the company of Saint-Georges de Beauce, causing delays of schedule. The installation of a temporary jetty to build the first portion of the wharf approach, as expected, has not been feasible because of the soil.
“The inconveniences related to the impossibility of building the pier are directly related to the negligence of the NPP who has not drilled at places where temporary jetty was planned and induced bidders, including Pomerleau, in error “it said in the petition.
Pomerleau had to opt for a new method of construction by building a temporary bridge. Changes “much more expensive and longer” allegedly “completely disrupted the sequence and effectiveness of work.” The additional costs related to the jetty would reach $ 14.7 million, according to the company.
“Full responsibility” of the Port
All additional costs and damages arising out of the conditions of soil and rock would be “full responsibility” of Port, according to Pomerleau. The company claims that the contract gives him the right to be compensated if a similar situation. Moreover, the instructions to tenderers did not involve the soil examination, she adds.
The company would have raised “serious and significant doubt with regard to the conditions announced rocks” in December 2012. From the beginning of the work in spring 2013, Pomerleau says he “immediately recognized” that the rock was “clearly” stronger and it will have a “significant” impact on project costs. In front of “inaction” of the Port, the company said to have commissioned its own geotechnical study, which confirmed that the state of rock ‘differs in an important way. ” The petition also refers to a notice sent by Pomerleau the Port of Sept-Îles in October 2014 to reach the amount demanded justice. Also in October, the company had raised a legal mortgage in the amount of a debt of $ 86.4 million due to the absence of a payment agreement.
“We regret not being able to agree with the Port for a settlement to the satisfaction of both parties. Now we have reached where we went, and it is in the hands of the courts, “said the spokesman of the company, Alain Bergeron, unwittingly comment further. The Port of Sept-Îles has not responded to our requests for interviews.
Pomerleau was the main contractor of the shipyard, the largest in Canada in 2014. Five mining companies have paid half of the invoice of the project, while the Port of Sept-Îles and Ottawa, in equal parts, the completed financial arrangement.