The contractor hired to rehabilitate a century-old bridge in Kingston, Ont., that was demolished after the failed repair job is suing the federal government and an engineering firm that investigated the incident for more than $8 million.
But the contractor, Landform Civil Infrastructures Inc. (LCI), is itself the target of several lawsuits as the parties involved in the project try to recoup costs and point fingers over who’s to blame.
The company alleges the government is withholding payment and “improperly” told third parties LCI was responsible for the buckling that destroyed the LaSalle Causeway’s lift bridge.
LCI argues Sigma Risk, the firm brought in to determine what caused the damage, “negligently” and “incorrectly” determined it was at fault.
The actions of both Sigma Risk and the federal government have hurt LCI’s reputation, made it miss out on other jobs and amount to defamation, according to a statement of claim filed Jan. 2.
LCI estimates its damages at $8,176,098.10 “and rising,” according to the court document. As of Feb. 10, neither Sigma Risk nor the federal government had filed a statement of defence.
Asked about the lawsuit, Public Services and Procurement Canada (PSPC), the government department that operated the bridge, sent CBC a one-line statement saying it is “not able to comment on potential financial liabilities or legal matters or aspects relating to this incident.”
It’s the same line PSPC has been issuing since at least June in response to questions about what steps, if any, it’s taking to hold someone accountable for what happened to the bridge.
Sigma Risk declined to comment.
The causeway connects Kingston’s downtown with its eastern suburbs. Thousands of motorists cross it daily, including those headed to CFB Kingston and the Royal Military College of Canada.
The bridge was damaged on March 30, 2024, and torn down in June. It remained closed to traffic for more than six months before it reopened in October. Losing the crossing meant daily traffic jams for commuters and losses estimated in the millions for downtown businesses and local tourism operators.
Subcontractors say they haven’t been paid
Three subcontractors involved in the repair project are separately suing LCI, its president Derek Martin and Liberty Mutual Insurance Company for a combined $1.6 million in alleged unpaid invoices and withheld payments.
Hughson Barriers Inc., a Kingston-area company that provides fencing and guardrails, claims it’s owed $59,726.47, while Ottawa-based Amson Welding and Steel Erecting Inc. states it’s out $844,977.07.
Mammoet Canada Eastern Ltd., which provided the equipment that supported the heavy counterweight after the bridge was damaged, is seeking $699,944.60.
The subcontractors allege they’ve made several attempts to collect, all without success.
Contractor calls damage the ‘Amson incident’
In its statement of claim, Amson said LCI “reassured” it in late April that despite the bridge being damaged a month before, work would resume as soon as possible. Instead, the structure was demolished.
Each of the subcontractors argue LCI “lied, knowingly misled, and/or actively deceived” them, resulting in a financial benefit to the company at their expense.
The allegations, including those in LCI’s lawsuit, have yet to be tested in court.
Statements of defence filed by the contractor deny the plaintiffs are entitled to the amounts they claim, stating allegations it acted inappropriately or lied have “no basis in fact.” Based on their contracts, LCI said the parties won’t receive payment as long as the federal government refuses to pay what it owes.
In the case of Amson Welding, LCI goes further, filing a counterclaim for losses it may suffer and arguing the subcontractor is the reason the government is withholding payment.
PSPC “concluded Amson’s work compromised the structural integrity of the Bridge,” LCI’s statement reads. It adds the defendants have “engaged in no breach of contract, no breach of trust, no oppression, and no other wrong. It is Amson that is liable to LCI.”
In its various defences, LCI refers to damage to the bridge as the “Amson Incident.”
7:35Documents shed light on what led to the LaSalle Causeway bridge collapse in Kingston
CBC obtained a report detailing some of the failures that led to the bridge buckling, which has caused massive traffic headaches in Kingston for months.
As previously reported by CBC, Sigma Risk’s analysis found workers for the subcontractor who were tasked with repairing the crossing removed steel lacing that acted as a critical support from both the top and bottom of part of a steel truss that supported the bridge’s massive counterweight, weakening it to less than half its strength and causing it to buckle.
The document, obtained through access to information laws, concluded deviation from the work procedure — failure to follow directions in the prescribed order — contributed to the bridge failure.
It also found the work was missing a “necessary step” and that plans for the project did not show extra bracing would be needed after the supports were pulled off.
A spokesperson for Amson previously told CBC it had completed its work on the bridge “in accordance with the approved specifications and procedures” provided by the contractor and engineering firm that prepared the plans.
LCI says ‘Canada is responsible’
Either the plans or the “Amson Incident” caused the bridge failure, according to two different arguments LCI is attempting to make, depending on the lawsuit.
In defending itself, the contractor states PSPC found Amson’s work was to blame for the bridge buckling. However, in its own $8-million claim, LCI argues the work procedure was followed correctly and that the damage to the span was the result of a “defect” in the plans themselves.
The contractor said it carried out the work as required, which involved installing interim supports, removing the lacing from both sides of the part and then installing a new support system.
LCI alleges Sigma Risks’s conclusion that it deviated from the work procedure was wrong, and the decision to demolish the bridge and terminate its contract was based an “incorrect determination that LCI was at fault for the buckling.”
The company also claims the day after the bridge failure, the project engineer “acknowledged” the load on the part that failed was “significantly higher” than assumed, and the buckling was “the result of an error in the Required Procedure.”
That means LCI isn’t to blame, the contractor argues, because it was the government that came up with the plan that resulted in the damage.
“The reality is Canada is responsible,” its statement concludes.
