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This article was published 22/04/2015 (3247 days ago), so information in it may no longer be current.
The Selinger government and Triple B Stadium rushed Investors Group Field to completion and “knowingly approved a design without regard for the problems” at the CFL stadium, construction company Stuart Olson alleges as it fires back in a lawsuit over the troubled facility.
In a court filing Thursday, Stuart Olson denied responsibility for design and construction deficiencies at the $209-million, 33,500-seat stadium completed in 2013 at the University of Manitoba’s Fort Garry campus.
The new home of the Winnipeg Blue Bombers and U of M Bisons had drainage issues, heating and insulation problems, access deficiencies and concrete problems so severe, they now require the concourse surfaces to be replaced at an estimated cost of tens of millions.
In March, Triple B Stadium — the shell company that owns Investors Group Field — filed a statement of claim against Stuart Olson and architect Ray Wan, seeking damages for 42 “functional and operational defects” identified by Winnipeg consulting firm Architecture 49.
In a statement of defence filed at the Court of Queen’s Bench Thursday, Stuart Olson denied most of Triple B’s allegations, stating the shell company — which represents the city, province, university and the Winnipeg Football Club — made all the key construction decisions, in concert with the province, which paid for most of the construction up front.
In the statement, Stuart Olson alleges political and financial factors led the province to rush the job and reduce its budget.
“The plaintiff and its stakeholder, the Province of Manitoba, made the key decisions and provided approvals throughout the construction of the project, regarding the timelines, budget, location and design of the project,” reads the statement of defence.
“The budget established for the project was lower than that for most comparable projects. The timeline established for the project was shorter than that applied to most comparable projects. These decisions were made in accordance with the political and financial requirements of the plaintiff’s stakeholder, the Province of Manitoba.”
According to the statement of defence, Triple B and the province “made many decisions with respect to the construction and design of the field without first 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.”
This was done because Triple B and the province “sought to complete the project in as fast a manner as possible,” reads the statement of defence, which insists the plaintiff approved the deficiencies it now blames on the builder.
Evan Johnston, the company’s vice-president and legal counsel, said his firm did what it was asked to do at the stadium — and was disappointed to learn about the lawsuit in March through the media.
“We stand behind our work. We’re proud of it,” Johnston said in an interview at Stuart Olson’s Winnipeg office.
“Ultimately, we’re responsible to build to the design we’re given. However, as a reputable general contractor with experience, if we see something that may not be appropriate or have questions, we would issue a request for information.”
Johnston said Stuart Olson raised more than 500 concerns about the stadium’s design through these formal requests.
Johnston provided documentation of some of those requests in an effort to illustrate Stuart Olson raised concerns about problems Triple B blames on the builder.
For example, when Stuart Olson asked how stadium workers would access the building’s roof, the firm was told there would be no such access.
A spokeswoman for Triple B Stadium chairman Andrew Konowalchuk said Triple B’s lawyer and board had yet to see the statement of defence.
“When we receive it, the Triple B lawyer and board will be (reviewing) it,” Shirley Muir said in a statement.
A spokeswoman for Premier Greg Selinger said the province “fully supports” Triple B Stadium’s claim.
“As this matter is before the courts, I cannot provide any further comment,” Naline Rampersad said in a statement.
She did not respond to Stuart Olson’s allegations the design was amended due to political and financial considerations.
Former Triple B chairman Phil Sheegl has claimed the province rushed the project into construction so it would be underway before the 2011 provincial election.
Stuart Olson also issued a cross-claim against Wan, the stadium’s architect.
Wan and his legal counsel did not respond to requests for comment.
The statement of defence contains no mention of Ossama AbouZeid, who was appointed to oversee the construction work on behalf of Triple B Stadium.
bartley.kives@freepress.mb.ca
History
Updated on Thursday, April 23, 2015 6:05 PM CDT: Adds PDFs.
Updated on Thursday, April 23, 2015 10:43 PM CDT: Updates story, adds factbox.
