3 lawsuits filed in connection with delayed Assiniboine Park conservatory project The Leaf

After delays in the opening of the new indoor conservatory at Winnipeg's Assiniboine Park, the project is now the focus of a lawsuit by a construction company — one of three lawsuits filed in recent weeks related to the project.

Intended to replace the conservatory that closed in 2018, The Leaf is part of Canada's Diversity Gardens, initially announced as a major tourist attraction celebrating biodiversity and showcasing plant life from around the world.

The company that did steel work on the Leaf project, Supreme Steel LP, filed a lawsuit this week alleging it hasn't been paid for some of its work done on the project.

As a subcontractor to construction management firm Bird Construction Group, Supreme Steel alleges in a statement of claim that it is owed $821,978 plus interest.

Supreme Steel was contracted by Bird Construction in June 2018 for more than $9.6 million and completed the steel work as required, according to the claim, which was filed July 5 in Manitoba Court of Queen's Bench.

It says Bird paid the invoices submitted, except for the amount claimed in the lawsuit.

The lawsuit names Bird Construction Group, the non-profit Assiniboine Park Conservancy Inc., and the City of Winnipeg as defendants. The city owns the land and the Conservancy operates Assiniboine Park.

Statements of defence have not been filed in court.

Conservancy suing architectural, engineering firms

The Conservancy itself has filed two lawsuits related to the project in recent weeks.

On June 11, it sued the architectural and engineering firms associated with the 92,290-square-foot botanical conservatory.

A separate lawsuit was filed the same day against Royal & Sun Alliance Insurance Company of Canada over the insurance policy on the project. 

The first suit names Architecture49 Inc. of Winnipeg as a defendant, along with Toronto firms Blackwell Bowick Partnership Limited and KPMB Architects. The claim seeks damages which it says are related to the costs of remedial work, project delays and operational losses.

The lawsuit raises issues with the design of the roof, which consists of a translucent membrane supported by a cable net system.

"Architecture49 was not experienced or knowledgeable in overseeing the construction of cable-net roof systems and failed to engage parties with such experience," the claim says.

It alleges Blackwell "failed to perform all design work relevant to the cable-net roof design having appropriate and necessary regard to the character and complexity of the project."

The defendants collectively "failed to advise of the particular risks and potential complications associated with the conversion of the roof design from a dome structure to a leaf shaped spiral structure", the claim alleges.

In June 2019 construction of the roof was stopped while Architecture49 and Blackwell completed redesign and remedial work, the court document says.

"This caused and continues to cause delays, increased costs, operational losses, and other loss and damage" to be proven at trial, the lawsuit says.

The allegations have not been tested in court and the defendants have not filed statements of defence.

Leaf delayed until late 2022

The Canada's Diversity Gardens project, which includes The Leaf, was initially announced in 2015, and is being funded by private donations and all three levels of government at a cost previously announced at $97.8 million. 

CBC News reported in 2019 that the Diversity Gardens, originally scheduled to be finished by the end of 2020, had been delayed until this year.

The Diversity Gardens outdoor garden area is, as of July 9, officially open to the public.

The Leaf is now expected to open in late 2022, according to the Assiniboine Park Conservancy's manager of public relations and communications.

Delays over the roof system "appear to be behind us and we are very happy with the progress being made so far this spring and summer," Laura Cabak said in an email to CBC.

Cabak says the project team is now focused on moving it forward as the lawsuit against the architectural and engineering firms proceeds in court.

"We expect any costs related to the past delays will be covered by the responsible parties and are asking the courts for assistance in resolving this matter," Cabak said.

She described the lawsuit as "a necessary step we must take as the owner of the project" to protect the interests of stakeholders.

The Conservancy's suit against Royal & Sun Alliance Insurance, meanwhile, alleges the insurance company breached its obligations by "failing to make timely or any payment of the sums claimed by the plaintiff" under its insurance policy.

The insurance company acted in "an unfair and improper manner" toward the Conservancy over its claims made under the policy, the lawsuit says.

The insurance company has not filed a defence statement in court.