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

A construction company is taking the City of Burnaby to court over a much-delayed recreation centre project, claiming nearly $11.4 million in unpaid dues and damages due to negligence.

The Rosemary Brown Recreation Centre, featuring two NHL-sized ice rinks, opened in April this year. It was supposed to have opened in August 2021.

Pomerleau Inc., a Quebec-based construction firm, was the contractor on the project, having signed an agreement to build the rec centre in July 2019.

The contractor claims in its lawsuit that the COVID-19 pandemic and the November 2021 atmospheric rivers led to unforeseen delays on the project due to resulting supply chain disruptions.

It further claims that the city and its other contractors were negligent while working on the project, and they did not act in a timely manner.

"The city owed Pomerleau a duty of care and breached the duty of care owed to Pomerleau and is vicariously liable and contractually responsible under the contract terms to pay compensation and damages," reads the lawsuit.

Pomerleau is claiming nearly $6.9 million in unpaid dues, and $4.6 million in damages, as it says the city breached terms of its contract.

It adds that the company was entitled to a time extension on the rec centre project, due to the delays, which was not granted by the city.

The lawsuit adds that Pomerleau had to take on extra costs as the city and its contractors caused delays in the project, with further costs added due to the city's refusal to extend the contract completion date.

None of Pomerleau's claims have been proven in court.

When contacted by CBC News, a lawyer for the company said they would not comment on the case.

Contractor says designs were submitted late

In its lawsuit, Pomerleau says that two other city contractors submitted architectural designs during construction that held up work.

"Work was delayed by missing or incomplete design information and a poorly co-ordinated design, late responses to numerous requests for information, late design clarifications, numerous site instructions and overall delayed approval of shop drawings and submittals," reads the lawsuit.

The company says it was directed to speed up its work due to the city's refusal to grant an extension.

It is also asking the city for compensation related to claims brought by 17 subcontractors that worked under Pomerleau, with the company directly attributing the claims to the delays allegedly caused by the city.

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

It is named in honour of Rosemary Brown, a Burnaby MLA who made history as the first Black woman elected to a provincial legislature in Canada.

CBC News reached out to the City of Burnaby, but did not hear back in time for publication.