Analysis of General Contractors’ Claims by Construction Professionals: One Step Further Towards Confidentiality
Construction professionals are often asked by the project owner for their analysis of a claim made by the general contractor at the end of the project. At issue are delays, impacts, the price of changes, or the refusal to issue change orders. Professionals are generally reluctant to perform such analyses because of their confidential nature and the fear that they might be used against them. Also, it is often the case that the project owner does not want to share this analysis with the general contractor. This, however, can be a useful step in negotiating a settlement with the contractor. In a judgment rendered in late December 2018 that has received relatively little attention, the Quebec Court of Appeal reassured the parties regarding the confidential nature of such an analysis.