Montague hotel contractor fined for not using engineer on Riverhouse Inn project

Ryan Ross
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Kevan MacLean, left, leaves provincial court on April 28 after his company was fined $2,500 for violating the Engineering Profession Act during construction of the Riverhouse Inn in Montague.

The company that built Montague’s newest hotel has been fined $2,500 for violating the law that regulates the use of engineers on construction projects.

Southern Kings Construction, through its owner Kevan MacLean, was in provincial court in Charlottetown Monday morning after he was charged with one violation of the Engineering Professionals Act.

The company built the recently opened Riverhouse Inn in Montague and was charged with practising civil engineering without holding a licence.

Engineers P.E.I. was responsible for the prosecution and on Monday the court heard both sides had reached a conclusion, which meant the case didn’t have to proceed to trial.

Charges were laid in December after Engineers P.E.I. received a complaint.

Jonathan Coady, who represented Engineers P.E.I., said private prosecutions were rare but the role of professional associations was to protect the public.

Southern Kings Construction’s lawyer Matthew MacFarlane said there were no issues of concern over the quality of the work on the building and an engineer had worked for the company at the start of the project, but hadn’t continued.

Along with the fine Southern Kings Construction was ordered to pay an $833 victim surcharge.

Last year the company was also in court after violating the Architects Act by not using an architect in the Riverhouse Inn’s design.

Southern Kings Construction was ordered to pay a $2,575 fine in that case.

rross@theguardian.pe.ca

twitter.com/ryanrross

 

Organizations: Riverhouse Inn, Montague hotel

Geographic location: Montague, Charlottetown

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Recent comments

  • national building code
    April 29, 2014 - 09:30

    It shouldn't be these associations having to prosecute. It should the government. PEI is the last province in Canada to adopt the National Building Code. We need the NBC to be the law of the land from start to finish on every single project - just like in all the other provinces. If NBC was in place and appropriate inspections being done, then this type of avoidance of professional engineer and architecture services could not happen.

  • mark
    April 29, 2014 - 06:46

    Listen to yourselves. You all talk about cost saving, but hear this. If, by chance something structurally goes wrong with this place and it is due to the lack of an engineer's plans to "save money", then there will be more than a 2500 fine to pay. People might get hurt and lawsuits will follow. To me, it sounds like the cost of the engineer would far outweigh the cost of a lawsuit or worse, someone's life.

  • Peter
    April 28, 2014 - 16:39

    Might these be the same enginneers and architects that are responsible for the Peter Pan Intersection? If so, IMO, Southern Kings Construction and everyone else, for that matter, are better off without them.

  • All
    April 28, 2014 - 16:17

    All Engineers & Architects would have added to this building is a Major Cost over run . I've seen it on all building contract's that are awarded . Government ones worse of all as they seem to encourage it as a way of doing business .

  • peiguy
    April 28, 2014 - 15:49

    Does this building actually meet any building code? Did the Fire Marshall approved it? Does it meet barrier free codes? Who is checking all these things if no professionals are involved?

  • Tulpa
    April 28, 2014 - 14:47

    $2,500 still sounds a lot cheaper than hiring an engineer and an architect!

  • The Observer from Stratford
    April 28, 2014 - 14:14

    Regretfully this building will from now on always have a cloud hanging over it. Did the hotel's operator know about this or was he never aware that the construction was being done without the proper people being involved?

  • bigdog
    April 28, 2014 - 13:27

    Sounds a lot cheaper to just pay the fine then to pay the engineer. Being in the construction trade for more then 15 years now I can honestly say I've heard more engineers asking how to do something on a site rather then telling the trades person what needs to be done. That is anywhere coast to coast and not just PEI either. Way to save a bag of cash Kevan!!!