For Immediate Release - Jan. 19, 2010

BURLINGTON, ON – The City of Burlington considers the contractor for the Brant Street Pier to be in default of its contractual obligations with the city to complete the pier, and has advised the contractor and the contractor’s bonding company of the default.

The city received notice from the contractor in December 2009 that the contractor was unwilling to complete the pier under the contract terms. As part of its procurement process, the city holds a performance bond from the contractor’s bonding company that is intended to allow the city to complete the project in the event of the default of the contractor. The city’s notification to the bonding company will start a process that may result in the existing contractor or a new contractor completing the pier.

Burlington City Council met for closed meetings on Jan. 12, 2010, where it discussed legal matters related to the pier. Complete details of the project cannot be released publicly since the city has begun a legal process by notifying the contractor’s bonding company of the default.

“We are sorting through all of the legal challenges and construction challenges that have resulted in significant delay,” said Scott Stewart, General Manager of Community Services. “Despite numerous requests by the city for the contractor to proceed with the project—including an order from the city’s engineering consultant AECOM to remove and replace deficient steel in August 2009—there has been very little activity over the past six months.”

So far, the city has spent $6.4 million of an approved $9.2 million budget on the Brant Street Pier project. Staff have said based on this latest delay, the pier will not be ready in 2010, and are assessing what impact the most recent developments will have on the project. They will report back to committee and council with details.

“Council is deeply concerned that this project is in such difficulty,” said Burlington Mayor Cam Jackson. “The likelihood of this matter ending up in the courts prevents the city from making further public comment at this time. We are taking action to best protect the taxpayers’ investment to date.”

For more information about the Brant Street Pier, please visit www.burlington.ca, e-mail pier@burlington.ca or call 905-335-7841.

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Communications Contact:
Donna Kell
Manager, Public Affairs
Tel. 905-335-7841
E-mail kelld@burlington.ca

Media Contacts:
Mayor Cam Jackson
City of Burlington
Tel. 905-335-7600, ext. 7607
E-mail mayorjackson@burlington.ca

Scott Stewart
General Manager, Community Services
Tel. 905-335-7600, ext. 7839
E-mail stewarts@burlington.ca