Subway extension to Vaughan could be delayed as TTC sues contractor for missed deadlines

NationalPost.com
Aug. 20, 2014
Sammy Hudes

Toronto’s transit agency says the timetable for the subway extension to Vaughan, originally scheduled for “late fall 2016,” could be in jeopardy because of missed deadlines that have prompted a lawsuit against the company contracted to build one of the line’s stations.

The TTC is suing Arup Canada, which was hired to oversee construction of the Vaughan Metropolitan Centre subway station, for $10-million over an alleged breach-of-contract.

The station, located at Highway 7 and Jane Street, is the last stop on the new Toronto-York Spadina subway extension, which in total is budgeted to $2.6-billion.

According to its statement of claim, the TTC alleges Arup Canada failed to use a “skilled, competent staff” that was qualified to work on the project and that it neglected its responsibility to inspect the work being carried out to determine if there were any errors. Among other allegations, the TTC also argues the company’s work contained various design flaws that went uncorrected and that it didn’t meet building and electrical codes on the site.

The statement of claim was submitted in January.

TTC CEO Andy Byford, who would not comment on the content of the lawsuit, said that in addition to challenges that have slowed the project’s construction, such as the harsh conditions of this past winter, the company hasn’t stuck to the agreed-upon timeline.

“Equally we would argue there are other elements that are within the contractor’s control and certainly where contractors have got behind schedule through reasons that we believe are within their control, then obviously we need to consider how we’re going to address that,” said Mr. Byford. He added that “in any big construction job there are inevitably claims and counter-claims. That’s not unique to transit.”

Andrew McAlpine, head of Arup Canada, said in a statement that the firm is responding to the lawsuit.

The lawsuit is “primarily related to commercial issues that we were unable to conclude in negotiation,” Mr. McAlpine wrote. “While we are responding in due course, we remain confident of an amicable resolution and continue to keep our focus on delivering a successful project to improve public transportation in York Region and the City of Toronto.”

Mr. Byford said the timeframe has been a challenge from the beginning as construction was initially delayed while the TTC secured funding for the project. It’s also been held up by various delays including a fatal accident in 2011 that killed a construction worker at the York University station.

The TTC says further claims against the companies contracted for the project are likely if certain work isn’t completed on time.

Staff are reviewing the project’s schedule to find ways in which it might be accelerated and the TTC will report back in early 2015, says Mr. Byford.