Assiniboine Park Conservancy sued over The Leaf construction project

The Hartley and Heather Richardson Tropical Biome includes a 60-foot waterfall, which Dieleman said will enhance the tropical experience. (Source: Zach Kitchen, CTV News)

The construction of The Leaf, a multi-million dollar project by Assiniboine Park Conservancy, has sprouted a nearly $17 million lawsuit from the construction management company.

A statement of claim filed last week in Manitoba's Court of King's Bench on behalf of the Bird Construction Group seeks $16.8 million from the Assiniboine Park Conservancy and the City of Winnipeg.

In the claim, Bird says it entered a construction management contract with the Assiniboine Park Conservancy for Canada's Diversity Gardens project which included the construction of The Leaf building.

The lawsuit says, according to the project's RFP, it was to be completed by October 2019, at a cost of $61 million for construction.

While the entire project had a budget of $75 million, it ended up costing around $130 million and opened years later than anticipated in December 2022.

The claim says despite representations from Assiniboine Park Conservancy that the project's roof design had undergone all appropriate and necessary testing and inspections, the project ground to a halt in June 2019.

An inside look at part of The Leaf on June 2, 2023. (Source: Jamie Dowsett/CTV News)

The delay, according to the claim, was due to errors and omissions in the design which required the park and its consultants to complete investigations, redesign and remedial work.

In January of this year, Bird said in its claim that it launched a $23.8 million Builders' Lien against the park and the city of Winnipeg. While about $7 million has since been paid to Bird, the claim says it is still seeking the remaining $16.8 million.

In addition to this payment, Bird is also seeking a judgment for breach of contract and misrepresentation and breach of trust in an amount to be proven at trial.

As of Tuesday, no statements of defence have been filed. However, a spokesperson for the Assiniboine Park Conservancy told CTV News it does intend to file a defence.

"As you know, we encountered some challenges during construction of The Leaf. There is a disagreement among the project team members regarding responsibility for these issues and the associated costs," Laura Cabak, the director of communications and public relations for the Assiniboine Park Conservancy, told CTV News in an email.

She said the park will have no further public comment as this matter is before the Court.

A spokesperson for the City of Winnipeg confirmed the city has been served with the lawsuit, but was not able to provide any further comment at this time.