City of Prince George sues designer of $39M pool a 2nd time, claims mechanical system is faulty

The City of Prince George, B.C., is suing the designer of its new downtown pool for a second time, exactly two years after it opened.

In a notice of civil claim filed Thursday, the city says it is seeking damages from HDR Architecture Associates Inc., an Ontario-based company with operations in Vancouver.

The city claims the designer is responsible for a faulty mechanical system that makes it difficult to regulate temperature in the pool, causing "premature corrosion" of ducts, compressors and other facilities, and creating "significant amount of condensation" on windows and doors along with a buildup of water on the roof.

The claims have not been tested in court, and HDR has 21 days from receipt of the claim to officially respond.

In an emailed statement to CBC News, HDR spokesperson Jim Caoriano said the company "respectfully disagrees" with the allegations from the city.

"We believe what they assert lacks merit, and we will file a substantive response disputing the claim in due course," he wrote.

In a statement posted online, city manager Walter Babicz said the Canfor Leisure Pool is safe to use and will remain open to the public. 

But he said the city is going to court "to ensure we — and the taxpayers of Prince George — are not on the hook for the costs associated with repairs resulting from a faulty design."

"At this point, we don't know the full extent of the required repairs, nor do we have a timeline for when they may take place."

It's the second time the city has launched a court claim against HDR Architecture over the pool. In a 2022 lawsuit, it claimed the firm used the wrong material to make pool beams, adding three weeks and $1.3 million to the facility's construction.

In a statement, the city said it is in discussions with HDR about settling that matter outside of court but is still keeping legal action as an option.

$39M project

In a 2017 referendum, Prince George taxpayers voted 62.5 per cent in favour of borrowing up to $35 million to fund a replacement for the city's decades-old downtown pool, which had fallen into disrepair. HDR was selected as the designer in September 2018, and the new pool opened in November 2022.

The city is now seeking full compensation from HDR for both the cost of repairs and replacement of faulty systems it says the firm is responsible for, as well as the costs associated with inspections that led to the discovery of the failures.

The notice does not specify a dollar amount associated with the problems. But in an update on major capital projects being presented to city council on Monday, city staff said the original $35 million budget for the pool was later adjusted to $39,126,000, of which $38,247,821 has already been spent.

The additional costs have been attributed to inflation, as well as the faulty beams cited in the city's first suit against HDR.

In the report, the pool is listed as "in progress," with "ongoing warranty work and seasonal tasks" still taking place.

"Delays have occurred due to labour shortages and deficiency work, but the project remains largely on budget," the report reads.