Problem-plagued project now at centre of legal dispute

Citing a contract dispute, the City of Burlington says its problem-plagued, S-shaped Brant Street pier will not be completed this fall.
A city news release issued yesterday (Tuesday) stated it had “received notice from the contractor (Harm Schilthuis and Sons Limited) in December that the contractor was unwilling to complete the pier under the contract terms.”

Damage from a 2008 crane accident and reported “steel deficiencies” had held up completion of the $9.2-million pier, which was originally scheduled to be finished two years ago.

The city has not provided a timetable for when the project might be completed.

Yesterday’s news release stated the city “considers the contractor… to be in default of its contractual obligations with the city to complete the pier…”

When reached by the Post, Henry Schilthuis, president of the company in charge of the project said, “At this time, there will be no comment.”

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,” the city news release said.

“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,” said Scott Stewart, general manager of community services.

So far, the City of Burlington has spent $6.4 million of an approved $9.2-million budget; the total price tag also includes a contingency set aside to cover unforeseen costs.