City Council to pursue legal remedies to complete waterfront pier

For Immediate Release - March 23, 2010

BURLINGTON, ON –Burlington City Council at a closed meeting on March 22 agreed to pursue legal proceedings to ensure completion of the Brant Street Pier.

“The community is anxious to get the pier completed, however, we need to protect our taxpayers,” said Mayor Cam Jackson. “Council has now directed that all negotiations with the current contractor be suspended and that the city pursue legal remedies immediately.”

“In spite of our best efforts, discussions with the current contractor would have resulted in substantial increased costs that Council is simply not prepared to pay,” said Jackson.

Burlington City Council met in closed session (often used for legal, human resource or real estate matters) on Jan. 12, 2010 to discuss legal matters related to the contractor and the pier. Council called the contractor’s bond to complete the pier and authorized staff to enter into confidential talks with the contractor to see if disputes could be resolved through negotiation.

“Although we were encouraged by some aspects of proposals discussed with the contractor to resolve the current problems, City Council is not prepared to accept additional financial burden arising out of any problems not caused by the city,” said City Manager Roman Martiuk. “It continues to be the city’s view that the unacceptable steel quality, the crane accident and the failed concrete pour are the responsibility of the contractor.”

On Jan. 19, 2010, the city informed the community that it considered the contractor to be in default of its contractual obligations to complete the pier, and had advised the contractor and the contractor’s bonding company of the default.

So far, the city has spent or earmarked $6.3 million of an approved $9.2 million budget on the pier project. Council first approved the engineering consultant, TSH (Totten Sims Hubicki Associates—since bought by AECOM), for the pier design in the fall of 2003, and the project contractor, Harm Schilthuis and Sons Ltd., in August 2006.

“Staff have developed options for consideration by City Council,” said Ward 2 Councillor Peter Thoem. “It is clear that not completing the pier, or removing the current pier infrastructure, would result in significant costs to the city. However, I’ve always said the Brant Street Pier will be completed, and we will love it when it is.”

The city will continue to provide up-to-date information on the pier web pages. 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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Communication contact:
Donna Kell
Manager, Public Affairs
City of Burlington
Office: 905-335-7841
E-mail: kelld@burlington.ca

Media contacts:
Mayor Cam Jackson
City of Burlington
Office: 905-335-7600, ext. 7607
E-mail: mayor@burlington.ca 

Roman Martiuk
City Manager
Office: 905-335-7600, ext. 7608
E-mail: martiukr@burlington.ca