Suspended N.B. engineer faces 4th lawsuit over alleged building design flaws - Action News
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New Brunswick

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

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

Case alleges Shediac apartment building opening delayed for repairs

A multi-storey building with a mobile crane parked in front.
A lawsuit alleges design flaws required various repairs to a five-storey building on Main Street in Shediac. (Mathieu Bernier/Radio-Canada)

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

New Brunswick-based LRL PropertyInvestments Inc.filed a lawsuit Thursday in Moncton court againstHlne Thriaultand her firm, Match Engineering.

The case saysLRL PropertyInvestments 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 buildingso repairs could be completed.

Three other cases have been filed this year alleging flawed design work by Match andThriault. Sheis listed as the only corporate director of the Moncton firm.The latest caseoffers more details about the work that followed to address the alleged flaws.

Last month, CBC News reportedthat Halifax structural engineer John Richardson reviewed several buildingsThriault allegedly designed and concluded some were at risk of collapse. Richardsonsaid he contactedThriaulton Jan. 9about his concerns.

The LRL case allegesThriaultknew, 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 toLRL PropertyInvestments 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 byHlne Thriaultand Match Engineering failing to warnLRL 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 fromThriault 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.Thriault and her company have yet to file a statement of defence.

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

James Boudreaupreviously said they would not comment while cases arebefore the courts.

A glass wall of a multi-storey building reflecting adjacent storefronts.
The lawsuit alleges the opening of the building had to be delayed. (Mathieu Bernier/Radio-Canada)

LRL PropertyInvestmentsdid not respond to a requestfor comment by Radio-Canada.

The earlier cases against Thriaultor her firm allegedflaws in aDieppe, 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 Thriault's licence to practise on May 10.

The association said in aJune 7 statementthe 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 externalreview report

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

Nicholson said a discipline process forThriault will only proceed once that reportand other information is available.

Thriault has also been suspended by engineering associations in Prince Edward Island and Newfoundland and Labrador. Engineers Nova Scotia saysThriaultresignedfrom the association earlier this year.

With files from Pascal Raiche-Nogue