Things could not have gone much better for Corm Construction Sewer and Watermain Limited (Corm) when they pursued multiple claims against the City of Barrie on a municipal watermain project. A double award by the arbitrator, plus interest and costs, was an outstanding resolution for Corm. Following the arbitration loss, the City of Barrie quickly settled the remaining two claims that were headed for a second round of arbitration.
Corm came to UCI during the construction for advice and to review the claims and their validity. In UCI’s opinion, the claims were indeed valid and worth pursuing. Almost equally important, UCI determined that the City of Barrie had erred in their Supplementary General Conditions and had not deleted the binding arbitration provisions of Ontario Provincial Standards that they had intended to. UCI recommended that Corm use the arbitration procedures to avoid the possibility of the claims requiring years of expensive litigation to resolve.
UCI guided Corm through the arbitration process that took one year to complete due to some procedural issues and the arbitrator requesting submissions on two technical issues. The arbitrator was both an engineer and a lawyer which greatly assisted the process in this case.
By agreement between the parties, the arbitration was based on documents only and there was no hearing. The quantum of the claims was also agreed to by the parties so the arbitrator only had to rule on the liability of the City of Barrie on the two issues.
Following their loss, the City of Barrie amended their standard contract to remove binding arbitration provisions.
Mr. Gary Benner, P. Eng., President of Underground Consulting Inc., is pleased to announce that Roger Woods has joined the company as an Associate.
Roger is the pre-eminent authority on directional drilling in Ontario and has been recently the manufacturer of drilling fluid mixing systems that are sold to drilling contractors worldwide. He has over 30 years of hands-on construction experience while operating his own business and has successfully installed hundreds horizontal bores, micro-tunnels, and direction drills under highways and railways throughout Ontario.
Roger is available to Underground Consulting Inc.’s clients to provide guidance in the design and construction of trenchless utilities.
Underground Consulting Inc. has been providing consulting engineering services to the construction industry since 1988.
Services offered include:
- Project Management
- Dispute Resolution
- Tunnel Construction
- Trenchless Methods for Utility Installations
- Claim Preparation and Assessment
- Contract Document Preparation
- Litigation Support
- Expert Witness
Gary E. Benner, P. Eng, is a PEO Designated Consulting Engineer with over 35 years of municipal engineering, contracting and consulting experience.
Further details are available on the website at www.garybenner.ca