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The work that was delayed due to the issuance of CD 33 has proceed and as you
are well aware nearly complete, this was undertaken to expedite the completion of
this project and a decision made by us to do so. It is extremely difficult to schedule
work when we are relying on you to release change orders, this was discussed
during many meetings. The act that CD 33 has been lingering for this amount of
time and just cancelled, does not work to the benefit of the project.
In close, ROSSCLAIR Contractors Inc. has committed to completion of this
project as discussed with Ms. Tina lacoe from procurement, regardless of your
opinion. We do not see being adversarial at this point to anyone’s benefit nor does
the contract documentation support you laying blame on the contractor.
[133]
There is no reference at all in December 2016-January 2017 in these documents
authored and/or endorsed by Sean Richardson attributing blame to either Ross Clair or Caird-Hall
for the delays. The delays are blamed on (1) unforeseen circumstances, (2) City Charge
Orders/Directive and (3) failure of City consultants to attend the site in 2016.
[134]
This appears to have been Ross Clair’s position throughout the time Caird-Hall was
at the site. At page A2997, Ross Clair indicates on December 8, 2015, that the delays are due to
unforeseen site conditions including incorrect benchmarks issued for construction drawings.
[135]
Nick Chiappetta, in a letter dated January 22, 2016, at Tab 197, A2998, details a
delay of 12 weeks and 4 days due to issues involving (1) unforeseen gas line, (2) incorrect survey
benchmarks and (3) bad weather.
[136]
Nick Chiappetta, again, in a letter dated May 11, 2016, at Tab 199, A3001-A3002
outlines and details 7 reasons for delay of 115 days. None are attributed to Caird-Hall. The
conclusion is that the delay is due to unforeseen circumstances.
[137]
In a letter dated May 26, 2016, at Tab 200, A3003-A3005, Michael Weeks refers
to Mr. Chiappetta’s letters of January 22, 2016, and May 11, 2016, and adopts the contents.
Michael Weeks is the director of operations for Ross Clair.
[138]
Mr. Richardson testified that lots of Caird-Hall work was deficient. He was asked
if there was a deficiency list. Mr. Richardson indicated there was a deficiency list, but he doesn’t
have them. When asked if there was anything in writing regarding a deficiency list, Mr. Richardson
testified, “Probably not”. Mr. Richardson indicated he was sick of them – there was no point in
doing it – he had to get the job done.
[139]
As referred to earlier, Michael Weeks, director of operations for Ross Clair, in a
detailed, lengthy letter dated May 26, 2016, responds to a City of Hamilton incident report where
the City of Hamilton expresses concern about the lack of progress on the project. In that very
detailed letter, there is no reference to any subpar performance by any of the subcontractors. It was