Federal government files $60M counterclaim against LaSalle Causeway contractor

The Canadian government is countersuing the contractor it hired to repair the LaSalle Causeway lift bridge in Kingston, Ont., for $60 million and counting.

In a statement of defence filed in response to a lawsuit brought by Landform Civil Infrastructures Inc. (LCI), lawyers for the Attorney General argue the company caused a "catastrophic failure" that resulted in the demolition of the century-old crossing.

"Any damages suffered by LCI were a consequence of its own failure to properly perform the Work," the 34-page document states.

The government says its losses are still adding up and a total will be provided before trial, but the $60-million figure includes more than $7.5 million paid out to LCI for the rehabilitation project, which "failed to result in an operating lift bridge."

There's also $1.6 million to tear down the span and another $3.4 million for the temporary crossing now in place, along with a minimum of $15 million to regularly remove it so boats can pass through in the meantime, plus an estimated $30 million for a permanent replacement.

The government blames contractual breaches by LCI for causing part of the bridge to buckle, resulting in work that was "defective and of no value."

While officials were told the damage could potentially be fixed, the necessary repairs risked outlasting the 2024 boating season, reducing the bridge's lifespan and ultimately resulting in a bridge that no longer lifts.

"Canada specifically denies that LCI had any right, contractual or otherwise, to require Canada to permit it to try to repair the catastrophic damage to the Bridge that it and its servants and agents caused," the document reads.

LCI says report 'incorrectly' laid blame

The statement of defence comes after the contractor filed a lawsuit worth more than $8 million against the government and Sigma Risk, an engineering firm hired by the government to determine what caused the damage.

In its statement of claim, LCI alleged Canada is withholding payment and "improperly" told third parties the company was responsible for the buckling that resulted in the bridge being torn down. The contractor also argued Sigma Risk "negligently" and "incorrectly" determined it was at fault.

Those actions hurt the company's reputation, made it miss out on other jobs and amounted to defamation, according to court documents filed Jan. 2.

Sigma Risk has filed a notice of intent to defend itself against LCI's lawsuit.

The latest court filings are part of a flurry of claims as parties involved in the project try to recoup losses and level blame. The claims include several from subcontractors who allege LCI owes them a combined $1.6 million.

None of the allegations, including those in the government's defence, have been tested in court.

The lift bridge stood for more than a century before it was damaged on March 30, 2024, then torn down last June.

Thousands of motorists cross the causeway between downtown Kingston and the city's eastern suburbs each day. It remained closed to traffic for more than six months, resulting in regular traffic jams and financial losses estimated in the millions for businesses and local tourism operators.

Engineer's report found supports were removed

As previously reported by CBC, Sigma Risk's analysis found workers tasked with repairing the bridge removed steel lacing that acted as a critical support from both the top and bottom of a steel truss supporting its massive counterweight, weakening the truss to less than half its strength and causing it to buckle.

That 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.

In its statement of defence, the federal government denies it designed the work procedure for the project, and argues LCI was responsible for maintaining structural stability of all parts of the truss during the project.

It goes on to allege the contractor failed to submit calculation packages stamped by two professional engineers before starting work on the piece of the bridge that buckled.

However, the federal lawyers also included a cross-claim as part of their defence, stating if the court determines Sigma Risk negligently misrepresented the cause of the buckling, Canada should be protected from liability and the engineering firm should contribute to any amounts it's found to owe LCI.

The government is asking for the contractor's lawsuit, its counterclaim and cross-claim to be tried at the same time.