Company sues City of Burnaby for $11M over delayed rec centre

A construction firm is suing the City of Burnaby over a significantly delayed recreation centre project, seeking nearly $11.4 million in unpaid dues and damages due to alleged negligence.

The Rosemary Brown Recreation Centre, which includes two NHL-sized ice rinks, officially opened in April of this year. It was originally slated to open in August 2021.

Pomerleau Inc., a Quebec-based construction company, was the contractor for the project, having entered into a contract to build the centre in July 2019.

In its lawsuit, Pomerleau asserts that the COVID-19 pandemic and the atmospheric rivers in November 2021 caused unforeseen delays due to disruptions in the supply chain.

The company also alleges that the city and its other contractors were negligent and failed to act promptly on the project.

“The city owed Pomerleau a duty of care and breached this duty, making it vicariously liable and contractually responsible under the contract terms to provide compensation and damages,” the lawsuit states.

Pomerleau is seeking nearly $6.9 million in unpaid dues and an additional $4.6 million in damages, claiming that the city violated the contract terms.

The lawsuit further claims that Pomerleau was entitled to a time extension for the project due to the delays, which the city allegedly did not grant.

It also argues that Pomerleau incurred extra costs due to delays caused by the city and its contractors, with additional expenses arising from the city's refusal to extend the contract completion date.

None of Pomerleau's allegations have been substantiated in court.

When approached by CBC News, a lawyer for Pomerleau declined to comment on the case.

Contractor cites late design submissions
Pomerleau's lawsuit also highlights that two other contractors for the city submitted architectural designs late, which impeded progress.

“Work was delayed due to missing or incomplete design information, poorly coordinated designs, delayed responses to information requests, late design clarifications, numerous site instructions, and overall delayed approval of shop drawings and submittals,” the lawsuit states.

The company claims it was instructed to accelerate its work despite the city's refusal to grant an extension.

Additionally, Pomerleau is seeking compensation for claims brought by 17 subcontractors who worked under it, attributing these claims to the delays allegedly caused by the city.

According to the City of Burnaby website, the Rosemary Brown Recreation Centre incorporates sustainable design features and water conservation strategies.

The centre is named in honor of Rosemary Brown, a Burnaby MLA who was the first Black woman elected to a provincial legislature in Canada.