Bridge construction firm sues Region for $10M
The company that built the Burgoyne Bridge is suing Niagara Region for $10 million.
Pomerleau Inc. alleges it was saddled with additional expenses, for which the Region has refused or neglected to pay, while constructing the bridge.
The lawsuit says changes in the project were the “result of breaches and negligence by the Region and the company it hired to administer the contract.”
The Region used Parsons Corp. to design the bridge and then hired the firm to act as the project administrator.
The bridge spans Twelve Mile Creek and Highway 406 in downtown St. Catharines and cost taxpayers almost $100 million to build. The bridge is 333 metres long and includes a unique 125-metre main span supported by a single, central steel arch.
Pomerleau says changes were “not contemplated in the contract documents” and the Niagara Region is responsible.
Pomerleau’s claims have not been proven in court. The lawsuit was served on the Region with a statement of claim attached on Jan. 14.
Ron Tripp, acting chief administrative officer for the Region, said he couldn’t comment on the lawsuit because it is before the courts.
Pomerleau claims the project was subject to numerous delays attributable to the Niagara Region or Parsons. Pomerleau says it provided Niagara Region with a detailed analysis of the delays, but the Region failed or refused to respond to the information.
Pomerleau signed a contract with the Region to replace the original Burgoyne Bridge, built in 1915, in February of 2014 after submitting a bid in the tender process of $69.9 million plus HST.
Change orders and variation in tender quantities brought the total agreed contract price to more than $74.6 million.
At the end of Tuesday morning’s Region public works meeting, councillors huddled in a private session to hear from their lawyer regarding the lawsuit. The meeting included a primer for new councillors on the history of the bridge project.
Pomerleau lists 15 examples of changes to work it performed that went beyond its contract and drove up cost. The changes included the a request from the Region to alter the design of caisson reinforcing steel, including the addition of a telescopic cage within each caisson, and a significant delay in the installation and construction of the north abutment because it couldn’t be constructed as shown on original drawings.
The Region instructed the firm to address unforeseen soil problems near a wastewater pumping station that were the result of vibrations from construction activities, but Pomerleau says it had followed the vibration limits specified in the contract.
There were errors in design to connect the new bridge with existing roads and private properties, the firm also had to take steps to address load distribution issues on the east and west girders, the lawsuit says.
The firm was also forced to repair an unforeseen sewer line, which was not shown among city utility locators, and had to install debris protection under the existing bridge due to the poor condition of its sidewalk, the lawsuit says.
Pomerleau says it provided the Region with a detailed delay analysis, but the municipality refused to reply or respond.
Among the delays were need for additional caisson construction equipment; work performed in winter conditions, which included tarping and heating concrete, snow removal; loss of productivity with the caisson works; loss of productivity on the east girder erection; girder delivery during load restriction period; loss of productivity on substructure formwork and concrete work, and loss of productivity on arch ties and hanger works.
Pomerleau is a leading construction company and employs as many as 4,000 people at nine regional offices across the country.
Parsons Corp is an American engineering, facility design, construction services firm with 16,000 employees in 24 countries. The Canadian corporate office is in Markham.