Court cases—developer vs the builder

Brookfield Multiplex v 21 Avenue Road Building Group Inc.

Brookfield Multiplex Construction Canada Limited v 21 Avenue Road Building Group Inc.
Superior Court of Justice—Ontario
Docket:    CV-15-537541
Before:    Justice S.F. Dunphy
Date:       12 May 2016

"Modern urban construction has become an increasingly complex affair. The modern construction manager must act as conductor of an orchestra comprised of temperamental musicians continually arriving and leaving the stage while the composer re-writes the score. Whether music or cacophony emerges is the question. The gap separating skilled artist from pedestrian journeyman is the difference between symphony and cacophony.

The defendants turned to the plaintiff to act as their construction manager for the conversion of the former Four Seasons hotel site into a condominium.  The planned 22-month project had stretched into 44 months before smoldering complaints broke out into litigation and a parting of the ways. Each side blames the other for the delays. I have been designated case management judge to help guide the parties through the litigation process to the point where the issues can be resolved. Our journey is just beginning."

So begins this ruling on what most likely be a lawsuit that will take longer than the construction.

The old Four Seasons site, at the corners of Avenue Road, Cumberland Street and Yorkville Avenue, was turned into three separate condo towers with shared facilities. A retail and residential condo was built on the northwest corner by renovating the old hotel tower. A new office condominium tower is being built on Yorkville Avenue while a taller new condo tower is being built on the corner of Avenue Road and Cumberland Street.

This quarrel is between Brookfield, the builder, and Camrost Felcorp, the developer. It involves their relationship during the demolition of the hotel and the renovations of Yorkville Plaza, the developer's name for this condo tower.

What should concern purchasers of pre-construction condo units is the time it took for this building to be completed. A promised 22 months took over twice that long. Then the residents that moved in lived in a construction site during the Interim Occupancy period for far too long.

Such delays can happen, especially with a condo conversion.

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