Ring road builder was negligent, suit alleges

N.E. section is deteriorating

Shoddy construction has resulted in the northeast section of Calgary’s ring road deteriorating more quickly than it should, an $18-million lawsuit claims.

Stoney Trail General Partnership (STGP) claims Stoney Trail Constructors (STC), a joint venture of three companies, and Carmacks Maintenance Services Ltd. are to blame for the road aging prematurely.

The lawsuit, filed in Calgary Court of Queen’s Bench, alleges STC breached its contract with STGP by installing asphalt that did not meet the specifications of their contract.

STGP hired STC in February 2007 to design and build the roadway after entering into a contract with the province to construct and maintain the 21-kilometre section from 17th Avenue S.E. to Deerfoot Trail N.E. on a 30-year term.

“STC knew it was being relied on by STGP to construct northeast Stoney Trail in fulfilment of STGP’s obligations to the province, and that STGP would suffer damages if STC’s work was not performed in accordance with the standard of care required of a reasonable and competent highway builder,” the claim states.

“STC constructed northeast Stoney Trail below the standard of care required of a reasonable and competent highway builder in these circumstances. STC was thereby negligent.”

The lawsuit alleges that, among the acts of negligence by the builder, was installing asphalt “that contains too much or too little binding agent and using a binding agent of improper composition.”

The construction company also failed to compact the asphalt properly and installed “thinner asphalt layers than is appropriate for a road like northeast Stoney Trail.”

As the roadway ’s maintenance company, Carmacks was obliged to keep STGP up to date on the condition and deterioration of the highway but didn’t adequately do so, the claim states.

“Carmacks is obliged to give STGP notice of things like the deterioration of the road surface,” it says.

“Though Carmacks was aware of the deterioration described in this claim, it did not notify STGP.”

It says the plaintiff only found out about the deficiencies earlier this year.

“STGP learned, in February 2018, the asphalt pavement used in the construction of the road surface on northeast Stoney Trail was defective and had been improperly installed, resulting in a road surface that was deteriorating and will deteriorate more quickly than would have been the case had it been free from defect and properly installed.”

Among the problems the roadway is experiencing is cracking, delamination and rutting, the lawsuit says.

Statements of defence have not yet been filed.