Lawsuit alleges collapsed Halifax crane had history of structural problems

The developers of a downtown Halifax apartment complex allege a crane that collapsed onto the partially constructed building during post-tropical storm Dorian had a history of structural defects.

The allegation is contained in a lawsuit launched by Fares Construction and W.M. Fares Family Inc. against Lead Structural Formwork, the Moncton, N.B.-based owner and operator of the crane.

In court documents, the Fares companies say they entrusted Lead Structural Formwork to install and operate the crane and did not interfere in the process.

The Fares companies say it was only after the collapse on Sept. 7, 2019, that they learned the crane had been operating continuously for about 45 years. 

It's alleged the crane "had suffered from a variety of structural defects which included, without limitation, rust, corrosion, breaks, splits and cracks in the steel components intended to give it its vertical, compressive, tensile, and torsional structural integrities, and broken, cracked and deficient welds in those same steel components."

The lawsuit was launched in February and the companies revised their claims in May. None of the allegations has yet been tested in court.

Welding failure caused collapse: report

An investigation by the Nova Scotia Department of Labour determined a welding failure was likely responsible for the collapse.

Getting access to that provincial report was one of the issues discussed at a hearing in Nova Scotia Supreme Court last week.

The lawyers also discussed whether any of the parties involved in the lawsuit would need access to what's left of the crane, which is being stored in two locations in Halifax.

In its statement of defence, Lead Structural Formwork said it followed instructions from the Fares companies, and adhered to all applicable standards and took precautions when it learned of the approaching storm.

The company's defence concludes by saying the Fares companies contributed to the damage caused through their negligence, including the design of the apartment complex and the fact the crane had to be placed at a higher elevation than the neighbouring building, which exposed the crane to higher wind gusts.

Fares companies seeking costs

In their lawsuit, the Fares companies list a number of costs they incurred as a result of the collapse, including construction delays, goodwill payments to displaced tenants, bringing in another crane to stabilize the damaged one, plus legal expenses.

The companies are looking to recover those costs, along with special, general and aggravated damages.

A number of third parties are expected to join the legal action, including the company that manufactured the crane.

Proposed class action launched in 2019

Lawyers are to reconvene at the end of summer to determine how the case is likely to proceed.

It's expected they will have a better idea in the coming months of who will be joining the lawsuit — the second legal action launched since the crane came down.

On Oct. 18, 2019, a proposed class-action lawsuit was launched against those considered responsible for the collapse.

Thornbloom Boutique, a home-decor business that was one of the operations forced to close when the area surrounding the toppled crane was evacuated, is named as lead plaintiff in the class action.