Crosstown builders sue Metrolinx
LRT construction consortium suing agency and demanding an extension for the project
The construction consortium building the $5.3-billion Eglinton Crosstown LRT is suing the regional transit agency and demanding an extension to the project’s scheduled completion date.
In a five-page notice of action filed with the Ontario Superior Court of Justice on Tuesday, Crosslinx claims it’s owed compensation because it has incurred damages and increased costs as a result of Metrolinx’s failure to live up to the project’s contract.
The notice doesn’t specify how much the consortium believes it’s owed.
Crosslinx is also seeking a declaration from the court that it’s entitled to push back the Crosstown’s agreed-upon completion date.
The 19-kilometre line is currently supposed to enter service in 2021.
“I can confirm that we have filed a notice of action against Metrolinx for breach of contract,” said Kristin Jenkins, a spokesperson for Crosslinx, which is a partnership of construction giants Aecon, Dragados Canada, EllisDon, and SNC-Lavalin.
Jenkins wouldn’t discuss specifics of the case, saying Crosslinx is “not talking about the dispute outside of the legal process.”
“We are focused on building the Crosstown and meeting our contractual obligation,” she said.
LAWSUIT continued on GT6
In an emailed statement, Metrolinx CEO Phil Verster said the agency “has been working closely with Crosslinx over several months on their alleged reasons for a claim,” and Metrolinx remains “committed to achieving the September 2021 opening date” for the line.
“As with any contract, claims are considered and reviewed thoroughly and we continue to work with Crosslinx to reach an outcome that fairly addresses the challenges that they have encountered,” Verster said.
The agency has not yet filed a statement of defence.
Crosslinx entered into a contract in 2015 to design, build, finance and maintain the Crosstown, which is believed to be the biggest infrastructure project in the province’s history.
According to the notice of action, Crosslinx’s claim is based in part on allegations that work performed by utility companies exceeded timelines Metrolinx had guaranteed.
The document also cites “issues regarding permits, licences and approvals” and “delays” and “disruptions” affecting the design approval process.
The notice claims that the events “were beyond the reasonable control” of Crosslinx.