Suspended N.B. engineer faces 4th lawsuit over alleged building design flaws

CBC
·4 min read
A lawsuit alleges design flaws required various repairs to a five-storey building on Main Street in Shediac. (Mathieu Bernier/Radio-Canada - image credit)
A lawsuit alleges design flaws required various repairs to a five-storey building on Main Street in Shediac. (Mathieu Bernier/Radio-Canada - image credit)

A fourth lawsuit has been filed over alleged design flaws in a building by a suspended Moncton structural engineer.

New Brunswick-based LRL Property Investments Inc. filed a lawsuit Thursday in Moncton court against Hélène Thériault and her firm, Match Engineering.

The case says LRL Property Investments hired Match to complete structural engineering design work for a new apartment building on Main Street in Shediac. The case alleges the flaws prompted a delay in opening the building so repairs could be completed.

Three other cases have been filed this year alleging flawed design work by Match and Thériault. She is listed as the only corporate director of the Moncton firm. The latest case offers more details about the work that followed to address the alleged flaws.

Last month, CBC News reported that Halifax structural engineer John Richardson reviewed several buildings Thériault allegedly designed and concluded some were at risk of collapse. Richardson said he contacted Thériault on Jan. 9 about his concerns.

The LRL case alleges Thériault knew, or should have known, in January that "significant issues existed with the design work of Match Engineering."

But, the case says that information wasn't disclosed to LRL Property Investments at the time and construction of its building continued.

"The repairs, after construction have resulted in significant wasted expenses as a result of the delay by Hélène Thériault and Match Engineering failing to warn LRL Properties in a timely manner," the lawsuit states.

The filing outlines a list of repairs, including:

  • Digging up a sidewalk to expose the buildings footings, a component of its foundation.

  • Removing portions of the concrete parking garage slab to install footings.

  • Cutting and removing walls and ceilings on multiple floors to install steel.

  • Removing "surfaces" in residential units to add steel plates.

  • Installing new patio columns on 12 apartment and two commercial unit balconies.

The case seeks payment from Thériault and her company for various costs, including design work for the repairs and for the interruption in use of the building.

The allegations in the case have yet to be tested in court. Thériault and her company have yet to file a statement of defence.

A lawyer representing Thériault and Match Engineering did not respond to a request for comment.

James Boudreau previously said they would not comment while cases are before the courts.

The lawsuit alleges the opening of the building had to be delayed.
The lawsuit alleges the opening of the building had to be delayed.

The lawsuit alleges the opening of the building had to be delayed. (Mathieu Bernier/Radio-Canada)

LRL Property Investments did not respond to a request for comment by Radio-Canada.

The earlier cases against Thériault or her firm alleged flaws in a Dieppe, Miramichi and a different Shediac building.

Match has admitted to the "under design" of components of two buildings in Shediac and Miramichi.

Company admits 'under design' in other cases

In the Dieppe case, the company has admitted "to certain deficiencies in design, but, denies all other statements and allegations" in the lawsuit. The court filing doesn't elaborate on the admitted deficiencies.

Statements of defence in the Miramichi and Shediac cases also make admissions.

"Match admits to under design of the transfer slab and certain elements, including columns and supports, supporting and connected to the slab," the documents state, going on to say there was insufficient rebar specified by Match.

The statements of defence say that Match wasn't the cause of losses alleged by building owners, but says if they had losses, it was caused by unnamed contractors on the projects, or by other officials.

The Association of Professional Engineers & Geoscientists of New Brunswick, which regulates the engineering profession, suspended Thériault's licence to practise on May 10.

The association said in a June 7 statement the suspension was based on "allegations of serious deficiencies in the design of multiple buildings, both constructed and under construction." The association has not answered questions about how many buildings or in what communities.

Association awaits external review report

Lauren Nicholson, a spokesperson for the association, said Tuesday that it is still awaiting a report by an external investigator tasked with reviewing Thériault's buildings.

Nicholson said a discipline process for Thériault will only proceed once that report and other information is available.

Thériault has also been suspended by engineering associations in Prince Edward Island and Newfoundland and Labrador. Engineers Nova Scotia says Thériault resigned from the association earlier this year.

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