Wedgewood Park pool contractor's legal battle with city heading to Supreme Court
Pool closed while city assesses repair work, with litigation clouding issue of who pays
With part of the new Paul Reynolds Community Centre closed for repairs — and not for the first time — the contractor that built it is heading to Supreme Court in an ongoing money dispute with the City of St. John's.
The pool in the Wedgewood Park neighbourhood remains closed while officials assess work necessary to remove and reinstall sound-reducing panels that tumbled off on Nov. 10.
However, the question of whether the cost will be borne by the taxpayer or covered under warranty is complicated by litigation launched by contractor EllisDon, which says the city still owes money for the job.
In July 2017, London, Ont.-based EllisDon sued the city for $4.9 million, the amount it said was still owing on the $32-million recreation facility, which had opened just the month before.
In a counterclaim, the City of St. John's denied it owed EllisDon $4.9 million, and said the contractor failed to complete the centre — which was originally set to open in January 2017 — on time.
EllisDon's response to the city's counterclaim was that delays in the centre's completion were the fault of the city and the city's project consultant, Ron Fougere Associates.
Contractor blames city for delays
"Drawings and specifications prepared by the city and/or Fougere were incomplete and/or poorly co-ordinated and/or in conflict with one another," claims EllisDon's Sept. 21, 2017, filing with the Supreme Court.
EllisDon also claims those incomplete specifications prompted numerous requests for information, site instructions and change orders, but Fougere did not respond to them within time allotted in the contract.
The contractor also says the city failed to identify aspects of the project during the design phase that "resulted in extra work beyond the scope of the contract."
It blames the city for failing to "include the deteriorated condition of the various pieces of existing underground infrastructure in the contract documents, resulting in delays in the early stages of the project and during the construction of the Carrick Drive roundabout."
Due in court Nov. 30
As of court documents filed late last month, EllisDon says the city released funds to cover most of what was owed, but says there is still $1.1 million in outstanding invoices.
An email from the city to EllisDon dated Oct. 2 says there is still $219,350 in work that still needs to be done.
With the two sides at an impasse, EllisDon is asking the Supreme Court of Newfoundland and Labrador to decide the matter. The two sides are due in court Nov. 30.
Meanwhile, the city says the pool could be closed until Dec. 9, but how much it will cost — and who will pay for it — is still up in the air.
In an email to CBC, a spokesperson for the city said, "We cannot comment on warranty in this case due to outstanding litigation."
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