TRANSPORT. The Ministère des Transports du Québec (MTQ) has appealed to the “surety” in order to advance the construction of the overpass of Route 255 over Autoroute 20 in Saint-Cyrille-de-Wendover.
Indeed, following the dispute between the MTQ and the contractor unveiled in November, the ministry analyzed its possible recourses in order to enforce the contract. The chosen means was to resort to the “surety”. This is a procedure provided for in the agreement during which the MTQ calls on an insurance company which agrees with the contractor to perform the contract.
“The Ministry may call on the ‘surety’ in cases where the contractor neglects or refuses to fulfill his obligations, if the work is progressing too slowly or if it becomes clear that it cannot be completed within the deadlines set out in contract. That is to say if there is a significant breach, ”explained Roxanne Pellerin, spokesperson for the MTQ for the Direction de la Mauricie – Centre-du-Québec.
The MTQ resorted to the “surety” in the case of the Route 255 overpass because the contractual obligations related to the planning and the deadline of the work were not met. This process is done in two stages. First, the department sent a formal notice to the contractor, ordering him to take the necessary measures to complete the work. If, within the following 48 hours, the contractor is still in default, the MTQ asks the “surety” to complete the work at the contract price. The latter can accept or refuse to intervene.
In this situation, the “surety” has agreed to intervene. Thus, the decisions in connection with the execution of the contract belong to the “guarantor”. As a result of this, it was decided to split further work into two parts.
“The first part includes the finalization of the approaches and corrective works to the foundation units. The “surety” informed the ministry of its intention to call on a new contractor, Grandmont & fils ltée, for the realization of this first part”, explained Ms. Pellerin.
The new contractor started work on 1is December and should complete them by the end of January 2023, including a holiday break.
The second part of the work will include the erection of the metal structure, the concreting of the deck, the paving, the installation of retaining devices and safety barriers. “The “bail” is currently studying various scenarios for the support of this second part. The MTQ and the “surety” are in constant discussions for the rest of things,” detailed the spokesperson.
Roxanne Pellerin argues that the department has used the remedies available to it to advance the construction of Route 255. The next steps will therefore be done in collaboration with the “surety”.
Moreover, another contractor than Grandmont & fils ltée might be chosen to carry out the second part of the work as determined by the “deposit”. Analyzes are being made on this subject at the present time.
