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Lawsuit of the week |
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Thursday, 17 July 2008 |
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Alleged work deficiencies at new transit facility lead to lawsuit Bird Construction Co. has launched legal action against ING Insurance Co. of Canada and Keller Equipment Supply Ltd. alleging Keller failed to correct deficiencies in the work it performed after being advised of problems. According to the statement of claim filed May 20 in B.C. Supreme Court, Bird Construction was the general contractor for the Vancouver Transit Centre facility and Keller a subcontractor for work related to vehicle lifts and a rolling jack. ING provided the performance bond to secure performance of Keller’s contractual obligations. On or before January 2006, Keller was advised of deficiencies in the work performed by it under contract and was requested to correct said deficiencies, but allegedly, in breach of the contract, it refused or neglected to do so, according to court documents. ING also allegedly refused or neglected to comply with its obligations under the bond. Bird is seeking damages for breach of contract against Keller and damages against ING for breach of its obligations under the performance bond. A statement of defence had not been filed by press time.
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