OSEG files legal claims against Lansdowne contractors

The owner of TD Place Stadiumis suing a handful of contractors for more than $6 millionover broken contracts and negligence it claims occurredduring therevitalization ofLansdowne Park.

Ottawa Sports and Entertainment Group claims it suffered damages when an architect and four engineering firms failed tocomplete work the way theypromised on the former FrankClairStadium and Civic Centre arena, retail spaces and anunderground parking garage.

• Settlement between city,OSEGover $24M repairs
• 2 companies say they haven't been paid forLansdowne work

OSEG filed two notices of action on March 3.

This is the first time the sports group has taken acontractor tocourt over the Lansdowne project. OSEG has been at the other end of several lawsuits filed by contractors.

"You like to settle things with a conversation, but sometimes that doesn't work," said Randy Burgess, OSEG's vice-president of communications.

The group is suing architecture firm Cannon Design for $4 million in damages overits design work on the stadium and arena. Cannon Designwas also in charge of convertingexhibition space below the stadium into a new retail location, now home to GoodLife Fitness.

OSEG, Trinity Development Group and LansdowneRetail Limited Partnership claim "negligence and breach of contract" by Cannon and its subcontractors.

The other notice of action targets four engineering firms for a total of $2.3 million over the construction of the stadium's underground parking garage. Adjeleian Allen Rubeli, Smith and Anderson, David SchaefferEngineering, and IBI Group are named in the document.

None of the claims hasbeen tested in court.

"One person thinks this, the other person thinks that. To work it out sometimes you need help from the courts," said Burgess.

"By and large Lansdowne is a beautiful project and certainly it's 100-per-cent safe ...This has nothing to do with any safety issues at all."

'All about money'

Any construction project is arisky proposition, according to construction lawyer Charles Simco, who defends contractors, includingarchitects, in court.

"Having done this for so long, it's almost my perspective it's unusual when there is no litigation on a project," said Simco, who is not involved in defending any of companies named in the notices filed by OSEG.

Lawsuits over construction projects are almost always about recouping money, rather than other potential issuessuch as faulty work,addedSimco. Either a project took too longor it turns out to be more complex andexpensivethan was budgeted for, Simco said.

"The developer is looking for reasons why its business plan has not turned out as hoped and may start pointing fingers."

OSEGhopes to settle these matters within 30 days, or it plans to go ahead with its claim.

The companies being sued either did not respond toCBC's request for an interview, or said they couldn't comment while the legal matter is ongoing.