The work to build a new roof on BC Place Stadium was already behind when the French company hired to supply support cables began work in July 2010, the British Columbia Supreme Court heard earlier this week.
In opening arguments of what is scheduled to be a 105-day trial between the cable supplier, Freyssinet, and steel contractor, Quebec-based Canam Group, Freyssinet's lawyer Douglas Lahay of Clark Wilson told Justice Gregory Bowden that because of the fixed deadline – the stadium had to reopen before the 99th Grey Cup in November 2011 – the parties resorted to different construction methods and more workers to make up the time.
The certificate of substantial performance – which states that the stadium renovations were essentially complete – wasn't issued until November 23, 2011, four days before the Lions hosted, and won, the Grey Cup.
General contractor PCL Constructors Westcoast hired a division of Canam to supply and install the structural steel and cable needed for the retractable roof for $122,864,581, Lahay told the court. Canam subcontracted to Freyssinet, which was to receive $30,124,377. "That was the individual work package for the supply of cable," he said.
Lahay said the total paid through March 30, 2011 was $31,218,674.95. Freyssinet claims it rendered $38.47 million of invoices and is owed $6,819,222.99.
"Freyssinet's evidence will be that Canam did not respond to Freyssinet's efforts to finalize the amounts and details of [the budget]," Lahay said.
"The evidence will be that Freyssinet carried out its work on the project, the roof was successfully erected and tensioned and that was all in time for the 2011 Grey Cup game."
PCL and B.C. Pavilion Corporation (PavCo), a Crown corporation that operates BC Place, have also been named in the lawsuit, but Lahay told Bowden that both could be released from the case in the coming days.
Even if no damages are assessed against PavCo, the trial is expected to reveal major troubles that led to embarrassing rainwater leaks in the stadium roof before the September 30, 2011, reopening and on the eve of the Grey Cup. Canam filed a $40.5 million counterclaim against Freyssinet, alleging negligence and breach of contract.
A third-party lawsuit against Swiss-based Geobrugg AG, related to grease leaks from the cables that stained the fabric roof, has been brought by Freyssinet. Damage could be as high as $20 million.
The parties and the judge are planning a two-hour, informal tour of BC Place, including a trip to the roof.
