UPEI denies allegations in climate change centre civil matter
CHARLOTTETOWN, P.E.I. — The College of Prince Edward Island (UPEI) is denying allegations made in a civil motion filed by a development group claiming that excellent cash is owed on account of work achieved to construct the Canadian Centre for Local weather Change and Adaptation in St. Peter’s Bay.
In an announcement of defence filed on June 1 in P.E.I. Supreme Court docket, the college says the contract with the complainant – Hen Building Group – was for $11.8 million plus HST, totalling $13.57 million. UPEI says it paid the development group a complete of just below $14 million ($13,994,928.38) for companies associated to the centre venture. The perimeters entered right into a fixed-fee contract on June 1, 2020, and the venture “achieved substantial completion” on Jan. 31, 2022, UPEI additional says within the court docket doc. The centre formally opened in Might.
In an announcement of declare filed on Might 12, Hen Building Group, which is an extra-provincial restricted partnership with an workplace in Bedford, N.S., says it was employed to carry out pre-construction and development administration companies for the centre venture. UPEI allegedly breached the contract, and an excellent quantity of $3.4 million ($3,445,332) is owed, the development group claims.
Along with the excellent quantity, the group is looking for pre- and post-judgment curiosity, prices of the authorized motion and another aid the court docket sees as acceptable.
With a purpose to get better that quantity, the development group filed a declare of lien beneath the Mechanics’ Lien Act in February in opposition to the St. Peter’s Bay property.
In response, UPEI says the development group would not have a proper to the lien and it is not owed any further cash. The college additional argues that the development group allegedly breached its obligations to finish the work on time and “in a high quality and workmanlike method in accordance with the development schedule”.
Different points raised by the college embody that the development group allegedly wasn’t in a position to successfully handle the venture or use certified personnel to successfully handle the venture and fulfil the contract. The development group additionally allegedly didn’t hold the venture website and property “clear and tidy”. Consequently, UPEI says that it was required to “rectify, restore and full poor and/or incomplete work” and skilled losses and elevated prices.
UPEI is requesting the court docket to dismiss the plaintiff’s declare and have prices paid to the college.
The assertion of declare and assertion of defence comprise allegations not but examined or confirmed in court docket.
Terrence McEachern is a justice reporter with SaltWire Community in Charlottetown. @terry_mcn
