In the latest move in the legal battle between Ottawa’s Rideau Transit Group (RTG) and the City, RTG says it now intends to pursue certain disputed design and construction claims regarding the Ottawa LRT. city.
According to a memo sent to City Council members by Michael Morgan, director of the rail construction program’s transit services department, the City was made aware on Wednesday, April 20, of RTG’s intentions, which will form part of their defense and demand. counterclaim in the city’s legal action which took place on May 18, 2021.
“Council members may remember that the [Project Agreement (PA)] contains various mechanisms to resolve disputes between parties,” the memo details.
If the parties are unable to resolve their disputes through a mandated PA negotiation process (including management-level negotiations), then the disputes may be presented to the independent certifier for a non-binding decision, explains Morgan.
“This matter is now before the courts and the City will monitor this litigation and provide updates to Council members as appropriate,” the memo continues. “It is important to note that this legal action will take place separately from the notice of default event application process currently pending in court, which relates to the revenue service period rather than the design and construction period. of the project.”
(The Notice of Default refers to the City’s assertion that RTF failed to meet the terms of its 30-year maintenance agreement with the City, as well as a second Notice of Default after the derailments of two LRT trains on the Confederation Line in 2021.)