The Quebec Ministry of Transport was ordered to pay a subcontractor $1.6 million for roadwork even though it had shown signs of premature wear and tear after the Quebec Court of Appeal held that the subcontractor did not face a warranty of durability.

In a ruling that provides guidance over contractual notions such as obligation of result, performance of work and warranty of durability, the Quebec appeal court reaffirms a contractor’s positive obligation to provide information to third parties, according to experts in contract and construction law.