Builder strikes back: Stuart Olson blames province and BBB for rush job on stadium

Construction company Stuart Olson is firing back at the owners of Investors Group Field, including the Manitoba government, over allegations of bad design and poor workmanship at Winnipeg's football stadium.

Contractor files statement of defence in Triple B Stadium lawsuit as well as cross-claim

Sean Kavanagh · CBC News · Posted: Apr 23, 2015 5:51 PM EDT | Last Updated: April 23, 2015

Triple B Stadium Inc.'s statement of claim contains scathing allegations of poor drainage, insufficient insulation, badly poured concrete and a host of other issues at Investors Group Field in Winnipeg. Construction company Stuart Olson has now responded with a statement of defence and a cross-claim of its own against architectural firm Raymond Wan. (CBC)

It's been over a month since Triple B Stadium Inc. filed its lawsuit against Stuart Olson and architectural firm Raymond Wan. Triple B, also known as BBB Stadium Inc., is a consortium representing the Winnipeg Football Club, the City of Winnipeg, the Province of Manitoba and the University of Manitoba.

Triple B's statement of claim was filed in March and is 26 pages of scathing allegations of poor drainage, insufficient insulation, badly poured concrete and a host of other issues at the stadium.

The lawsuit alleges that the cost so far to repair the deficiencies is at $4.72 million.

The chair of Triple B told media in March the ongoing repairs would run many millions of dollars more.

Stuart Olson has now responded with its statement of defence and a cross-claim of its own against Raymond Wan.

It cites the actions of the Province of Manitoba in the defence, saying, "Throughout the course of the project the Plaintiff (Triple B Stadium Inc.) and its stakeholder, the Province of Manitoba, sought to complete the project in as fast a manner as possible."

Read Stuart Olson's full statement of defence and cross-claim here

The statement of defence says Triple B Stadium and the province "knowingly approved a design without regard for the problems that the Plaintiff now pleads as being the responsibility of Stuart Olson."

According to Stuart Olson's statement, Triple B and the province "made many decisions with respect to the construction and design of the field without adequately taking the time to consider many details, including for example, what concessions would be installed at IG Field, operational logistics reviews, media broadcast requirements, air structure feasibility and winter use."

The head of the company's legal department says Stuart Olson denies "any allegation of poor workmanship … and stand behind our work, we are proud of it."

Built to specifications, says company

Stuart Olson vice-president Evan Johnston told CBC News, "We build to the designs we are given."

Johnston said the budget for the project was lower than most comparable projects and the timeline to complete it was shorter.

The company's defence will show "that we built to the specifications provided by the owner," Johnston said.

Investors Group Field was plagued with issues from its opening — with traffic snarled on event days and fans having to wait in long lineups to take transit to and from games — but the Winnipeg Blue Bombers and the City of Winnipeg appeared to have solved many of those logistical problems.

A CBC News investigation revealed that the stadium was built without conforming to provincially mandated green building LEED certification and that an all-weather bubble promised for the field was ordered and partially shipped to Winnipeg but never installed.

CBC News also reported on cracks throughout the concrete on the concourses at Investors Group Field. The response from former Triple B Stadium chair (and former City of Winnipeg chief administrative officer) Phil Sheegl was that the cracks were "a part of natural shrinkage."

Cracks appear at Blue Bombers' new stadium

Premier Greg Selinger's response to the cracking was to tout the facility as a "good investment."

"These minor items need to be cleaned up … they will be cleaned up. But as long as the stadium is safe and accessible and used by as many people as possible … it's a good investment," he said.

However, the lawsuit against Stuart Olson and Raymond Wan cites "extensive Concourse slab cracking" as a construction deficiency.

Johnston said the concrete was "poured to the specs that were given."

He added that in the course of construction, the company made more than 500 requests for information to architectural firm Raymond Wan to clear up issues.

Some of those concerns appear in Triple B Stadium Inc.'s lawsuit against Stuart Olson and Raymond Wan. In one case, Stuart Olson is being sued for not installing heat tracing (wiring that provides heat in pipes prone to freezing) on exposed pipes.

The company provided a document sent to Raymond Wan that recommends the heat tracing, but the response from the architect was that it was removed from the plans to meet a guaranteed maximum price for the construction.

A statement from Selinger's office says "it fully supports BBB's statement of claim," and because the matter is before the courts, it cannot provide any further comment.

Triple B rebuilding part of upper deck

Meanwhile, Triple B Stadium says it has hired a contractor to rebuild a portion of the upper deck that had drainage and insulation-related problems.

The work will involve removing a 200-square-metre section of concrete on the upper deck, along with the insulation and waterproofing membrane underneath.

"This first phase of deconstruction will shed more light on what the underlying issues are related to the drainage and insulation problems that plague the stadium," Triple B chairman Andrew Konowalchuk said in a statement issued late Thursday.

Konowalchuk estimates the early portion of the work will cost about $264,000, depending on what the contractors find below the surface.

The section of the deck will be rebuilt later this spring, likely with a new membrane and concrete.

Konowalchuk stressed that Investors Group Field is safe and meets all occupancy standards, adding that the work is being done to make sure the building does not erode from water leakage or poor heating.