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Despite the imbalance for risk transfer, in-house counsel agree that
there are many opportunities and a significant need for infrastructure in
major cities. Infrastructure Ontario has released a projected pipeline
that is a little more promising than anticipated in Moran's opinion.
The P3 market in Quebec is booming, according to Benoit Mallette,
senior director, legal and litigation at Montreal-based Pomerleau.
In fact, the company is expanding its legal department to keep up
with demand.
"Our legal department is very frequently solicited by the commercial
technical team because we are involved in many projects, either during
the bid or at the execution phase. We are hiring lawyers that are really
qualified in large infrastructure projects to assist the internal team,"
says Mallette, adding that Pomerleau also has an internal litigation
department to assist teams while projects are under construction.
Pomerleau is active in many bids including the upcoming Quebec City
tramway and the demolition of the Champlain Bridge.
Quebec's P3 market is benefitting from new powers introduced in
2018 by the province's procurement authority, Autorité des Marché
Publics, according to Clémentine Sallée, a partner and P3 expert at
Blake Cassels & Graydon LLP. The AMP oversees all public contracts
and receives relevant complaints.
"The mandate is very positive because it's a way for entities to have a
simple process to complain outside of the court, and the AMP will
render a quick decision," says Sallée.
