Three justices at the BC Court of Appeal in Vancouver have dismissed the City of Castlegar’s appeal regarding a decision May 25, 2017 surrounding the tendered contract for the swimming ponds at Millennium Park.
The dispute arose out of Castlegar’s invitation to tender for construction of the Millennium ponds.
The court ruled last year that the contract should have gone to Maglio Installations because the company with the successful bid, Marwest Industries, failed to submit a preliminary construction schedule.
The city appealed on the basis that the judged erred in finding the absence of the schedule because the timing was uncertain at the tender closing date.
On March 8 the court found the city failed to demonstrate that the judge mad an extricable error of law and the appeal was dismissed.
The court said the judge correctly articulated the legal framework governing the tendering process.
The contract to build the swimming ponds was awarded to Marwest in 2013 and the city says their decision was based on detailed advice from lawyers and consulting engineers.
Castlegar’s liablity exposure is limited to its $10,000 insurance deductable.
That’s regardless of what the court rules the damages will be.
