Burnaby's Rosemary Brown Recreation Centre has been open since the spring, but the years of delay getting it built still plague the project.
Last month, the prime contractor, Pomerleau Inc., filed a lawsuit claiming more than $4.5 million in delay-related damages and nearly $6.9 million in holdbacks and other unpaid amounts.
The company is also seeking a judgment against the city for claims Pomerleau is facing from 17 of its subcontractors on the project.
Pomerleau signed a $50-million contract with the City of Burnaby in July 2019 to build the two-sheet South Burnaby ice arena, which was supposed to be complete by Aug. 31, 2021, according to a notice of civil claim file in ÎÚÑ»´«Ã½ Supreme Court.
But Pomerleau and its subcontractors suffered COVID-19 related disruptions and delays, according the claim, including lockdowns, labour challenges, working restrictions, and supply chain delays and interruptions.
Beams delayed from Italy, Austria
As an example, Pomerleau says Seagate Mass Timber, the subcontractor for the arena's dramatic glued laminated timber (glulam) beams experienced "significant" manufacturing and delivery delays related to the pandemic.
In January 2022, Burnaby's then-director of civic building projects, Tim Van Driel, told the city's financial management committee , which had been ordered from Austria and Italy.
But Pomerleau claims the city contributed to the delivery delays through "missing or incomplete design information and poorly coordinated design, late responses to numerous requests for information, late design clarifications, numerous site instruction and overall delay of shop drawings" from the city's architect and engineering contractor, HCMA Architecture + Design and Fast + Epp Structural Engineers Inc. respectively.
And because of the delay in getting the beams to the site, the structural steel work that was already in place was supported only by temporary bracing, which led to bending, according to the claim.
"This resulted in additional time, expense and delay," the claim states.
Roof problems
There were problems with the design of the roof, as well, according to Pomerleau, who said it was "negligently prepared and coordinated" by the city's architect and engineer.
Pomerleau claims the design "changed throughout construction" with repeated additions and changes, including the city's request for "value engineering," the substitution of cheaper materials in the project.
That led to Pomerleau and its subcontractors being unable to perform the work in accordance with its construction schedule, which "adversely impacted the efficient and economic scheduling of the project, causing delays, impact costs and productivity losses," according to the claim.
"Numerous cumulative impacts and cascading delays" caused increased costs and damages, the claim says.
An atmospheric river that hit the Lower Mainland in November 2021 also contributed to delays as the province imposed fuel sanctions and restricted travel, according to the claim.
Under the terms of the contract, Pomerleau says it was entitled to an extension of time on the project, which the city refused to give.
"Pomerleau was directed to accelerate its work, or experienced constructive acceleration, for which it is entitled to damages and compensation," the claim states.
None of Pomerleau's claims have been tested in court.
The city has not yet filed a response to the claim.
When the Burnaby NOW asked in January 2022 whether there were any costs associated with the delayed mass timber delivery, City of Burnaby communications manager Chris Bryan said the city's "fixed-price lump sum contracting model" meant the contractor would bear the cost of the delays.
"Any cost impacts as a result of difficulties the subcontractor experienced with shipping were not borne by the city," Bryan said.
A year later, Van Driel reiterated that claim to the financial management committee, saying costs for the delays would be borne by the general contractor because the city didn't have any contractual relationships with any of the subcontractors.
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