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    City Claim Re: Northwest Edmonton Police Campus

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    Emily Mertz
    City of Edmonton files claim for breach of contract and negligence re: Edmonton Police Service Northwest Campus building.

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    City Claim Re: Northwest Edmonton Police Campus

    Uploaded by

    Emily Mertz
    2K views24 pages
    City of Edmonton files claim for breach of contract and negligence re: Edmonton Police Service Northwest Campus building.

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    City claim re: Northwest Edmonton police campus

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    City of Edmonton files claim for breach of contract and negligence re: Edmonton Police Service Northwest Campus building.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Download as pdf
    2K views24 pages

    City Claim Re: Northwest Edmonton Police Campus

    Uploaded by

    Emily Mertz
    City of Edmonton files claim for breach of contract and negligence re: Edmonton Police Service Northwest Campus building.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Download as pdf
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    22 * gan8noy COURT FILENO. 1903,25556 ‘COURT COURT OF QUEEN'S BENCH OF ALBERTA, JUDICIAL CENTRE EDMONTON PLAINTFF THE CITY OF EDMONTON DEFENDANT GROUP ARCHITECTS (CANADA) ING, Bl GROUP PROFESSIONAL ICE: iB. 1B GROUPING. Te HITECTS ENGINEERS a partnership, end its thar pire. SENMARER DESIGN SENUCES TD pennies DEVELOPMENTS LTD,, DAVID.M.THOM ARCHITECT L1D., EWEN, FISHER: CrD KEITH SACEATA INLID_ BJ LEVINE AND ASSOCIATES LD, ULTANTS INC, ROSS HA) ISS HAYES DESIGN SERVICES ARCHITECT UNITED, SEPHEN SA SULTING-LTD_ DAVID THOM PCL CONSTRUCT \GEMENT ING. KRAIN CONSULTING LTD., TEEBLE ARCHITECTS INC./Cl ILDERS, CCS CANADA (CANAL \N Sl , MODERN NIAGARA eTA INC. MODERN NIAC WESTERN INC/, PROFOSTATIX_ ENGINEERING CONSULTANTS IN ANAT ING INNOVATVE METALE COMPANY HC. ENGINEERED ASSEMBLING. GOLDER : WELDARC 1D, rA GLASS ‘COMPANY INC, INDEPI ING SC ‘CANEM SYSTEMS LTD, SUPERION ERECTORS LTD), CANAM INC PORATION DEF CORSORNTION. Gri “GERPORATION and Ic CORPORATION DOCUMENT STATEMENT OF CLAIM ADDRESS FOR BRIAN E. WALLACE DUNCAN GRAIG Uwe SERVICE AND Derrister and Sotctor Lawyers Mediators ‘CONTACT Phone: 780.441 3440 2800 Seotia Place INFORMATION OF Fax: 780.428.9689 10080 Jasper Avenue PARTY FILING THIS. Emali [email protected] Edmonton, ABTS) 3V BORUMENT Filo No. 100-204010 NOTICE TO DEFENDANTS: You are being sued. You are a Defendant GOTO TS GAT ETS OGUMaAT Ta See what You Can HORA When YoU TH Amas.eut9 Statement of facts ralied on: |. This s a claim for breach of contract and negligence. ‘This claim relates to contracts made, performed or breached, and torts commited in the Province of Alberta by the Defendants, a outlines in this Statement of Claim. There is a ‘eal and substantial connection between Alberta and the facts on which this action are: ‘based, and the Plant has grounds to serve the Statement of Claim on the Defendants ‘anywhere in Canada and the United States of America. The Parties: 3. The Plaintif,The City of Edmonton (the “ity, is @ municipal corporation pursuant tothe ‘Municipal Government Act, RSA 2000, c. M26, The Defendant, [Bl Group Architects (Canada) Inc. (1B Architects), la body corporate federally incorporated pursuant tothe awe of Canada that provides architectural, design, Construction administration, and inspection related services, with an Alberta registered fice located at 4500, 855 ~ 2 Street SW, Calgary, Alberta 5, The Defendant, IB! Group Professional Services (Canada) Inc. (18! Professional), Is a body corporate federally incorporated pursuant to the laws of Canada that provides architectural, design, construction administration, and inspection related services, with an Alberta registered office located at 4500, 855 ~ 2 Street SW, Calgary, Alberta, , The Defendant, 1B! Group Geomatics (Canada) Inc, (‘IB1 Geomatics), is an Alberta corporation that provides architectural, design, construction administration, and inspection related services, with an Alberta registered office located at 4500, 855 — 2 ‘Street SW, Calgary, Alberta 7. The Defendant, IB! Group Inc. (1B! Group’), is a body corporate federaly incorporated pursuant to the laws of Canada that provides architectural, design, construction administration, and inspection related services, with an Alberta registered office located ‘2 4500, 855-2 Strost SW, Calgary, Aborta, 8, Atall material times, the Defendent, II Group Architects Engineers (1 Partnershi was an Alberta ‘partnership that provided architectural, design, construction administration, and inspection ‘elated services. The member partners of the IBI Partnership were: BBeinhaker Design Services Lt. Beinhaker Developments Lid; David M. Thom Architect Lid. Ewen S. Fisher Ltd; Keth Salaway Architect Li NA. win Lic; Pl Levine and Associates Ltd; PRET BU ATEN EEC Peler Moore Consultants Inc; R.A. MeNally Planning & De jpmant Lt sues 1" 12, 14, 16. 16 18, 19, 20. 2, 22. 23, k. Ross Hayes Architect Lid; IL Ross Hayes Design Services Architect Limited; 1m. Stepren Shawcross Consulting Lid; and 18. David Thom, [BI Partnership was dissolved on May 4, 2046. Alternatively, II Architects, | Professional, Ist Geomatics, and IB Group, ot any one ‘of them, carried on the business of the IB! Parinership, Collectively the IBI partes described above are refered to as “BY. The Defendant, PCL Conetrucion Management Inc. ‘PCL, is an Alberta cerporation ‘acting as a construction and engineerina contractor. ‘The Defendant, Krain Consuting Ltd. (Krain"), fs an Alberta corporation that provides, ‘among other things, oof consulting and inspection services. The Defendant, Innovative Metals Company Inc. ("IMETCO’) is a United States of ‘America corporation headquartered in Norcross, Georgia and is a designer, manufacturer and supplier ofthe Metal Roof Assembly (as dined below) The Defendant. Clark Builders (‘Clark’), is an Alberta parinarship that provides ‘conetruction and engineering services. ‘The Defendant, Teeple Architects Inc. (‘Teeple), is an Ontario corporation providing architectural, design, construction administration, and inspection services. ‘The Defendant, Protostatix Engineering Consultants inc. ("Protestatx), Is an Alberta corporation that provides structural engineering and consulting services, The Defendant, WSP Canada Inc. (‘WSP), is an Ontario corporation operating throughout Canada and providing electrical engineering and consuling services. ‘The Defendant, CCS Canada (Canadian Holdings) Inc. (CCS'), is an Alberta ‘corporation providing construction services ‘The Defendant, Mode Niagara Alberta Inc. (‘Modern Niagara"), ie an Alberta corporation previding mechanical contracting and repar services, “The Defendant, Modern Niagara Western Inc. ‘Modern Niagara Western), is an Alberta ‘corporation providing mechanical contracting and repair services, The Defendart, Golder Associates Ltd. (Golder), is an Ontario corporation providing ‘ispection and consulting services. The Defendant, Engineered Assemblies Inc. EA’), is an Ontario corporation which ‘Sopp the Matar RIOT ASSEMDNY (as VENTE BOT), s.r aNd 24, 26, 26, 27, 28, 28, ‘The Defendant, Northern Weldarc Ltd. (Weldar’), is an Alberta corporation acting as a subcontract for steal work, among other things. The Defendant, Aibera Giass Company Inc. AB Glass’), is an Alberta corporation acting as a subcontractor performing glazing work. ‘The Defendant, Independent Commissioning Solutions Inc. ICS", is an Albeta corporation acing as a commissioning consutant ‘The Defendant, Canem Systems Ltd. (‘Canem”), is an Alberta corporation acting as an electrical suvcontractor, ‘The Defendant, Superior Steel Erectors Lid, (‘Superior’), is an Alberta corporation providing structural ste! instalation services. ‘The Defendant, Canam Group Inc. (‘Canam’), is a Quebec corporation providing design services for steel work ‘The Defendant, ABC Corporation (‘ABC’), is an unknown corporation providing ‘construction and contracting serves, ‘The Defendant, DEF Corporation (‘DEF"), is an unknown corporation providing ‘engineering and consulting services. ‘The Defendant, GHI Cosporation (GHP), Ie an unknown coeparation previing architectural and design services. ‘The Defendant, IKI. Corporation (KL), is an unknown corporation providing one or ‘more of roofing design, manufacturing, construction, and consulting services. The Project Design and Construction 34. 35. ‘On oF about September 8, 2044, the City entered into a contract with IBI (the “IBI ‘Contract’ for the design of the Edmonton Police Service Northwest Campus building (the "Project, 18's work under the IBI. Contract included all architectural, structural. mechanical, electrical, security, civil, landscaping and other works required to provide a ‘complete and coordinated design forthe Projac the "Design Work’) ‘An integral part of the Project was the design, selection, manufacture, supply, inotallaton, conetruction and warranty of a roofing eyetem (the "Roof" “The Roof designed and selected forthe Project by [BI and its sub consultants, including ‘Teeple, included an engineered standing seam metal roof assembly with slopes to the Roof drains or gutters (the “Metal Roof Assembly’). An SBS assembly was selected by TBI and its subconsultans for portions of the Roof, including the gutters, portions ofthe ‘canopies, portions ofthe flat roof and the area over the detainee management unit (the *SRS Root Aasambly’) aso abes S7. The Metal Roof Assembly included the standing seam metal deck, the vapour permeable membrane, insulation, air vapour barier membrane, gypsum board, clips, fasteners, lashings, closure pieces, sealants and all related accessories, 38. The SBS Roof Assembly included the SBS membranes, insulation, air vapour barrier ‘membcane, gypsum board, and flashings, closure pieces, sealants and all related accessories, 39, Together, the Metal Roof Assembly and SBS Roof Assembly (the "Roof Assemblies") formed the Roof, AG. Bl acted as Prime Consultant onthe Project. 41, The IBI Contract included, intr alia, the folowing terms, expressly or by implication: ‘a. IBI would design and prepare drawings, detalis, and. specifications ‘necessary forthe completion ofthe projec, including the Roof, within the {uidelines provided by the city. Such drawings, deta, and specifications Would address, at minimum, the folowing eubjocta i. Scope of work, i, Products ii, Qualty ascurance iv, Sutmital requirements; V. Quality control requirements; Vi. Workmanship and fabrication; Wi. Tolerances; Vil. itera for temporary works; 2 Erecion criteria; X. Fleld.eview of construction; 1 Inspection andtesting; xi, Provision for the construction contractor to provide notification Prior to commencing significant segments of the work; vil, Warranties; and _—o oT RE ane OS Pra SMT $$——_—————— Aesemasies II would prepare the bid drawings and specifications to be used in the Prire Construction Contract (as that term is defined below); IBI would icouo cupplomentary detalle and inctructione to PCL durhg the cansiuction period where required BI would review all PCL and subcontractor submits for conformity with the requirements of the contract documents, IBI would review and make recommendations to the City regarding Bterratve ‘methods and preducis proposed by PCL and its subcontractors; IBI would conduct site inspections with sufficient frequency during ‘construction to ascertain that the work is being executed in compliance with the drawings, details, and specifications and prepare inspection reports; 181 would make recommendations to the City regarding withholding payment tor aulty or mcomplete work by PUL and is subcontractors; |BI would obtain the wten warranties and related documents from PCL inacing tha 10-year warranty forthe Roof Bi would recommend the date that the requirements of the construction contract wth PCL have been completed; IBI would coordinate with the City’s third party commissioning consultant, ICS, to ensure thatthe bulding and all mechanical systems were tested, commissioned, and operating as designed prior to certifying Interim Acceptance ofthe faci IBI would retain other competent consuitants, as necessary and appropriate, forthe purpose of designing the Project 181 was responsible for the performance of the servces under the 1B Contract even if the sub consultants and subcontracors retained were: approved by the City, IBI would oversee the Design Werk to ensure that it was cartied out in a proper and workmanlike manner, BI would coordinate the work and information flow of all other consultants; {BI would provide ail relevant information to the other consultanis and to PCL, its subcontractors and consultants, and the City, including fora er sre P. IBI would provide proper and necessary design criteria to the general contractor and its subcontractors and consuitans for the proper design of | the Project, including the Roof, 4. BI would provide proper and necessary design ertora for @ heat tracing system for the Roof, including recommendations as to whether @ heat ‘racing system for tne Root was requited, '.IBI.would incorporate the standard details and specifications provided by IMETCO into the Roof design; and 's. IBI would indomndy and hold harmless the City from any losses, claims, ‘demands, payrents, suits, judgments, charges, expenses, actions, causes of action, and costs aising out of the negigent performance of IBIs services, and the City could set off any sums owed by IBl tothe City pursuant to this ndemnity from any sums due to BI 42, On or about July 28, 2016, the City entered into a contract with PCL (the “Prime Construction Contract’) fr the procurement and supply of material, services and labour (the "Construction Work’ or ne Project. 43. PCL acted as the general contractor onthe Project 44, The Prime Construction Contract included, inter ala, the following terms, exoressly or by implication: 2 PCL woul perform the Constnition Work as defied in the generat Conditions of the Prime Construction Contract and al other obligations Lncer the Prime Construction Contract; 1b. PCL would retain competent contractors for the purpose of completing the Project, ‘©. PCL would oversee the Construction Work to ensure that it was carried fut in a proper and workmanlike manner, 4. PCL would coordinate the work and information fow ofits subcontractors ‘and consultants; . PCL would provide all relevant information to its subcontractors. and Conauitents and to IB, is consultants, and the City F. PCL would obtain one or more wrap up lability insurance policies forthe Project, and eneure thatthe City wae an inaured thereunder, 8. PCL would seck proper and necessary information regarding the design land construction of the Project, including the Roof, to ensure that such purpose of the Prime Construction Contract, ey |h. PCL would bring to the attention of the City, in wring and in a timely ‘manner, any inconsistencies or discrepancies PCL discovered in the drawings, detalla, o specifications; |. PCL would be responsible to the City for the acts and omissions of the subcontractors retained by PCL. including but not limited to IMETCO, Clark, CCS, Modem Niagara, Modern Niagara Western, Golder, EA ‘Weldarc, AB Giass, Canem, Superior, and Canam, J. Inspections undertaken by Krain do not relieve PCL from its responsibil to perform its work in accordance with the Contract; and k. Time was of the essence in the Prime Construction Contract and PCL would be required to pay tothe City the costs and expenses and losses of revenue the City incurred if PCL had not completed its work by the ‘scheduled completion date. 43, On or about Oclobor 28, 2044, the City entered into a contract with Keain (Kain Contract’ for the provision of inspection and consulting services related to the Roof of the Project (the “Roof Inspections). The Krain Contract was amend fram time to time 48, The Krain Contract included, inter alia, the folowing terms, expressly or by implication ‘a. Krain would conduct Roof Inspections on the Project to ensure compliance with City standards and requirements for environmental ‘concerns, capital cost and operating cos efficiency; '. Krain would inspect the Roof during construction to ensure compliance with i. Scope of work: i Products; 4. Submital requrements; iy, Quelty contol requirements; ‘v. Workmanship and fabrication vi, Erection citer ‘i, Review of constuction; vil, Inspection and testing; Ik. Provision forthe constuction corrector to provide neticaion rote tommencire igntiant segments of te wars ECO Plan requirements. a 48. 49, 82 53 'c. Kran would conduct the Roof Inspections with sufficient frequency during, ‘construction to ascertain that work was being executed in compliance with draings, data, and specifications; 4. Krain would sutmit Roof Inspection reports on site actives including ‘progress. quality of work, defects and deficiencies. any noted problems, and any instructions issued and resolutions; and . Krain would specity, co-ordinate. and witness system ard equipment performance testing to ensure installed performance was within design parameters. The City retained ICS to confirm and ensure that the Project met the functional and performance requirements of the City, including verifying and documenting compliance throughout the design, construction, start-up, and ina period of operation. PCL or its subcontractors retained IMETCO, to supply, design, and manufacture the Metal Roof Assembly and provide product specifications and details fora Roof that was {it for the Alberta climate, provide shop drawings, product and other specications and consulting services in relation to the design and constuction of the Roof ofthe Project. ‘and provide proper and necessary design cfteia and recommendations for the Roof IMETCO was to provide a 10-year warranty forthe fist 10 years of the life of the Metal Roof Assembly. ‘The Metal Roof Assembly, or alo prof isa propietary rooting system provided by IMETCO, IMETCO provided the product specifications, standard details and recommended ‘operating condtons for the Metal Roof Assembly to IBI and its subconsultants and Prepared the shop drawings forthe Metal Roof Assembly. IMETCO represented that the standing seam metal roof deck was the primary waterproofing barrier. IBI retained Teeple to, among other things, prepare the building exterior architecture package, design the Project’ structure and envelope, including the Roof, and review the Project and its drawings, details, and specifications for design deficiencies [BI retained Protostaixto act ae the structural enginaer of record on the Project, and to provide structural inspections and recommendations. [BI retained WSP to, among other things, act as electrical and mechanical engineer of Fecord, and to provide electrical and mechanical inspections and recommendations on the Project PCL retained Clark to eupply materiale and labour forthe construction of the Motal Roof Assembly. Clark was also to provide a roofing warranty forthe frst two years of the MME-OT INE MAT i. 57. 58, 59, 60. et 62, 63. 64 65, 66. -10- PCI retained CCS to supply materials and labour forthe constriction of the SAS Roof ‘Assembly, and product specifications and shop drawings for the SBS Roof Assembly. PCL retained Modern Niagara and Modern Niagara Western, or ether of them, as the: ‘main mechanical subcontractor, to provide mechanical services including the install of the heating, ventilation, and air conditioning (the "HVAC Work’), 38 well as Fesponsibie for the inetallaion, Including insulation of exterior ductwork, the install {and programming of humidifiers, plumbing, fire suppression, and other riechanical work. PCL retained Golder to provide mold and fungal assessments as a result of water Infiltration in the Project, and provide recommendations for remediation. PCL retained Weldarc to perform steel construction work, Including constructing the: structure of the facil. The installation ofthe structural steel was perforned by Superior, ‘and the drawings for that stee! framework were produced by Canam. PCL or its subcontractors obtained the Metal Roof Assembly from EA, who was a -stibutor ofthe IMETCO roofing product PCL retained AB Glass to perform glazing work throughout the Project POL retained Canem t install heat trace in the draine on end around the Roof to allow ‘or improved drainage fa cald temperatures BI and PCL, or either ofthem, retained ABC. for construction and contacting services. IAI and PCL, er ether ofthem, retained DEF for engineering and consulting services, BI and PCL, or either of them, retained GHI for architectural and dasign services, BI and PCL, or eitter of them, retained JKL for roofing design, manufacture, supply and construction servis. Breaches of Contract and Negligence 67. 68. 69, ‘The Roof of the Project was desianed and constructed in a defective and deficient manner and not in compliance with the Design Work and Prime Construction Contract requirements, Further, the Roof ofthe Proect used a Metal Roof Assembly and SBS Roof Assembly ‘that were defective and deficient and notin compliance with the Design Work and Prime Construction Contract requirements, ‘As a result of the design and construction defects and deficiencies in the Roof, and defective and deficient Roof Assemblies. the city was notiied on December 14. 2017. ‘thal water was enterng through the Roof into the interior spaces ofthe Project, creating ‘mold and causing damage to the Project and its contents (the ‘Roof Infitrations") 70, ‘AS a further result of the design and construction defects and deficiencies, including ‘among other things improper insulation of the HVAC system, improper programming of aromas m 2, 73, 74. 75. 76. aA 78. 78. 80. ene humidifiers, and defective and deficient HVAD materials, the City was notified on December 14, 2017, that water and moisture was accumlating in the HVAC. system, ‘and entering the interior spaces of the Project through the HVAC system, creating mold AMG GRIEED demece 10 the Projet and fs comets (he “Mechanical Systm Initratons" ‘The Root Infitrations and Mechanical System Infitrations are collectively referred to as the "Water Infitrations Further. oF inthe alternative, the HVAC Systam wae incorracty designed and inetallod ‘and caused or contributed to the Water Infitations Between March 2018 and December 2019, the IBI, PCL and the remaining defendants Continued to reassure the City that they had remedied the cause of the Water Infitrations. ‘On November 20, 2018, IB ond PCL advised the City thatthe Project was ready fo its intended use. To date, the Project is not ready for its intended use. To dato, PCL has not mat the prerequisites to Interim Accoptanoo of the Werk, #8 that term is defined in the Prime Construction Contract, and the City has not been able to declare Interim Acceptance of the Work. In 2018 and 2019 the City put IBI and PCL on notice that the Roof had falled, that the City was rejecting the sutabilty of the Roof, and that the Roof and the HVAC. system design, construction and materials used forthe Roof Assemblies did not comply with the

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