Bondfield Construction Company Ltd. The result has been a flurry of lawsuits, liens and a growing list of aggrieved public institutions. We are determined to make sure the projects get done. Save my name, email, and website in this browser for the next time I comment. This site uses Akismet to reduce spam. Learn how your comment data is processed. Home Contractor Bondfield having trouble paying subcontractors, completing public sector jobs: Globe and Mail.
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Audio for this article is not available at this time. This translation has been automatically generated and has not been verified for accuracy. Full Disclaimer. The building in midtown Toronto was sold last November. Aquino, along with four other individuals, alleging they engaged in a false invoice scheme designed to siphon money out of Bondfield.
A portion of those funds allegedly flowed back to company insiders, including Mr. A lawyer for Mr. Aquino did not respond to a request for comment. None of the allegations have been proven in court. Justice McEwen specified that his findings were being made on a prima facie basis, meaning that the evidence has yet to be fully and rigorously tested in court. Bondfield, a family-owned company and a builder of major public infrastructure projects across Ontario, announced in October,that Mr.
He was replaced by his younger brother Steven Aquino. In April,the company was granted bankruptcy protection, stopping action on lawsuits filed by subcontractors and other creditors. The building is occupied by, among other businesses, a bottled water venture called GP8 Sportwater.Top 10 construction companies in the world
John Aquino opposed the freezing order. Justice McEwen said he found this evidence unpersuasive. Justice McEwen also highlighted the fact that John Aquino declined to swear an affidavit of his own. Aquino to refrain from providing evidence before responding to the broader claims made by the monitor in its lawsuit over the alleged invoice scheme. Gold provides no explanation as to why, as a specialist in criminal litigation, he is giving advice in a civil matter where Aquino is represented by counsel or the basis for the advice as to why he considers swearing an affidavit before pleadings close is in any way germane.
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Ask a Question.Most building contracts contain dispute resolution clauses which refer to arbitration. A dispute resolution clause can be mandatory — it can require arbitration — or it can be permissive — it can permit arbitration if all parties agree to arbitration when the dispute arises. One would think that the most important thing to make clear in a dispute resolution clause is whether arbitration is mandatory or not.
Yet, there has been some doubt whether the dispute resolution clause in the CCDC standard form construction contract makes arbitration mandatory or permissive.
London Police Services. The court held that the CCDC dispute resolution clause creates a mandatory obligation to arbitrate. The court accordingly stayed an action which had been bought in relation to the CCDC contract. Paragraph 8. The arbitration shall be conducted in the jurisdiction of the Place of the Work.
The work began in November Bondfield alleged that conduct of the Board delayed the completion of the project by 17 weeks. In May,Bondfield gave notice to the architectural consultant of its claim for delay.
In JuneBondfield delivered a claims brief to the Board which referred the brief to the consultant for a report. On July 29,this action was commenced. The Board delivered its defence in November and in that pleading alleged that the action was commenced outside the Ontario 2-year limitation period. The Board resisted the motion on the ground that the action commenced by Bondfield was the preferable procedure to resolve the dispute.
Construction union linked to firm with alleged Mafia ties
The court referred to prior decision in Brock University v. Stucor Construction Ltd. The court also referred to the decisions in Automatic Systems Inc. Fox Limited  O. Haemet Sephardic School O. Vanbots Construction Corp.
The court held that the arbitrator should deal with all the objections raised by the Board, with respect to whether the dispute fell within Article 8. The court also concluded that, in bringing the application to stay its own action, Bondfield was entitled to rely upon Article 8. The court also noted that the alleged dilatory pursuit of its remedies by Bondfield might be answered by Article 1. Reading this decision, one would conclude that the mandatory effect of the dispute resolution provision, Article 8, in the CCDC-2 contract has been definitively determined.
Perhaps it has, but not yet by an appellate court. While the principle in this decision may well be upheld by an appellate court, there are several issues which are lurking under the surface which have not yet been addressed by the courts. As noted above, the pivotal clause in Article 8 is clause 8.
Thus, Article 8 8. Article 8.
Normally one would think that by using a different word in Article 8. One would think that some analysis or reasoning of the use of those words would be necessary to arrive at the conclusion that arbitration is mandatory. It is true that Article 8.John Aquino has stepped down and been replaced by his brother Steve Aquino, formerly vice-president of operations.
He died in at 50 years old. On Nov. It has already pulled 31 accounts in their investigation which found Clearway Haulage and Strada Haulage were names on the invoices which allegedly mimicked legitimate contractors Clearway Construction and Strada Aggregates. Also on the line are the people working directly for Bondfield and the or so in the field.
Two other public sector projects have also terminated contracts with Bondfield for failures to complete construction. Others, like the City of Toronto, have rescinded multi-million contracts before work started citing concerns over liquidity and competency.
The Bondfield Group includes four Ontario numbered companies and are all privately owned by various members of the Aquino family. They also questioned why no one flagged that the IT manager was directing invoice traffic. Some of that money was allegedly channelled back into numbered companies. While the Bondfield Group was able to obtain short term replacement financing to resolve certain of these issues by earlythe financial condition of the Bondfield Group had deteriorated.
Many subcontractors and other vendors refused to continue to provide services and goods and progress on several construction projects considerably slowed or came to a standstill. The accompanying table records the 10 largest construction project starts in Can The western Canadian oil and gas industry is facing unprecedented challenges on Complete coverage of the pandemic's impact on construction.
Recent Comments comments for this post are closed. Top 10 largest construction project starts in Canada and Trend Graph — March The accompanying table records the 10 largest construction project starts in Can Economic April 17, Projects April 17, AssociationsGovernment April 17, GovernmentResource April 17, This copy is for your personal non-commercial use only. The revitalization of Union Station has been pushed back yet again to — the latest delay in the three years since it was originally meant to be finished.
When the construction was originally approved inwith a timeline for completion inconstruction company Carillion Canada Inc. Carillion had only completed the first phase of the project before Bondfield Construction Inc.
Bondfield has missed deadlines on several projects in the past, including renovations on GO transit stations in the GTA. The project has experienced numerous delays over the years. McGuey was unable to say just when in the work on the station will be completed.
The city is currently in discussions with both Zurich and Bondfield and hope to form a schedule and timeline in the next few weeks, she added. It will be a community hub for dining, shopping and gathering, she said. Copyright owned or licensed by Toronto Star Newspapers Limited.
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This article was published more than 1 year ago. Some information in it may no longer be current. Since the start ofBondfield Construction Company Ltd. The result has been a flurry of lawsuits, liens and a growing list of aggrieved public institutions.
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We are determined to make sure the projects get done. Infrastructure Ontario and Bondfield signs hang on construction hoarding outside Toronto's St. Michael's Hospital in March, The AFP model requires builders to finance projects using private lenders, and construction companies are only paid with public dollars upon completion of the job. In a March 5 letter informing Bondfield that it was being removed from the project, a Brampton official said little progress had been made in the previous eight months.
A new contractor has been hired. The project is expected to be completed later this month, a Brampton spokesperson said. Two other public entities have taken the same step. Lawrence Market North building. Neither would say precisely what brought about the terminations. Bondfield is also responsible for a portion of the massive renovation of Union Station in downtown Toronto.
McGuey said in explaining the delays. More thanpeople pass through Union Station every day. In interviews, a number of subcontractors to Bondfield described how they have had to take unusual measures to get paid. Some subcontractors have struck agreements, with permission from Bondfield, to be paid directly by the public institution under construction, thus bypassing Bondfield in one of its roles as a general contractor.
The University of Guelph, for instance, has directly paid two subcontractors for the work Bondfield is co-ordinating on its delayed addition, a university spokesperson said. With most public-sector construction contracts, builders are required to obtain what is called a performance bond, an insurance policy that obligates the insurer to step in and see a project through to completion in the event of default. Forty-six per cent of the total lawsuits launched against Bondfield across the province since were initiated over that time period.
In Toronto alone, there have been lawsuits in which Bondfield has been named as a defendant since the start of Many of these claims have been launched by subcontractors, but also in a few instances by the public-sector institutions themselves. InSt. In March of this year, a Thunder Bay hospital, St. The project was completed in August. Statements of defence have not been publicly filed in either case. Khowlett globeandmail. GMcArthur globeandmail. We have closed comments on this story for legal reasons or for abuse.
For more information on our commenting policies and how our community-based moderation works, please read our Community Guidelines and our Terms and Conditions. Customer help. Contact us. Log in. Log out. Article text size A. Karen Howlett.