The City of Prince George is suing the designer of the Canfor Leisure Pool.
In its notice of claim, the city states the design of the pool, located near Canada Games Plaza, is deficient, and claims HDR Architecture Associates Inc. is in breach of contract. The city’s legal team argues that HDR's failure to meet professional standards caused unnecessary delays and financial harm.
According to court documents, the dispute revolves around a mistake in the selection of primer paint for steel components used in the pool’s construction. The mistake forced the city to incur significant expenses, the notice states.
The city hired HDR Architecture in 2018 to provide architectural services, including overseeing the materials and design for the pool’s interior steel structure.
In November 2020, HDR specified the use of a particular primer – Sherwin-Williams Pro Industrial Pro-Cryl Universal Primer – for these steel components, but the choice turned out to be problematic.
The primer, which the claim was specified based on outdated materials, caused the steel components to rust quickly after being delivered to the construction site in December 2020. The suit claims HDR relied on an old version of the MPI manual that listed a less-effective primer, and failed to account for the harsh weather conditions in Calgary and Prince George, where the components were manufactured, stored, and installed.
The primer used had a longer curing period, and the steel was exposed to wet conditions before the primer could fully dry, the city alleges.
As a result, about 25 per cent of the components had to be sent off-site for repairs, and the rest were remediated on-site.
In an earlier statement of claim filed in 2022, the city claims these issues caused a three-week delay to the project and led to significant additional costs. The remediation and repairs cost the city approximately $1.3 million, including $100,000 for the delay and $120,000 for the more durable primer that should have been used from the beginning.
This newer claim lays it out: "The city has suffered loss and damage in relation to the issues that it has encountered since the pool project obstained substantial completion, and continues to suffer loss and damage in relation to those issues."
The city is seeking damages arising to cover the costs incurred from the mistake, as well as other potential losses. HDR admitted the error in January 2021 but has not yet resolved the dispute, the city claims. The lawsuit, which was filed in Vancouver, also includes a request for the costs of legal action, the city claims.
The city is looking to recover inspection and investigation costs, costs to identify appropriate remedies to the mechanical, building envelope and roofing system issues, costs of remedying those issues, as well as general damages, special damages, interest and "such further and other relief as this court seems just."
HDR Architecture has not filed a response and the city's claims have not been tested in court.
The construction of the centre was carried out by Chandos Construction, which is not a party in the suit.
“The city is taking this legal action to ensure we – and the taxpayers of Prince George – are not on the hook for the costs associated with repairs resulting from a faulty design," said city manager Walter Babicz. "At this point, we don’t know the full extent of the required repairs, nor do we have a timeline for when they may take place. What we can tell you is the pool is safe, and it will remain open for the enjoyment of residents and visitors.”
The city states that because the case is now before the courts, there will be no further comment but updates will be made available.
The facility replaced the aging Four Seasons Leisure Pool, which was located nearby. Construction began in June 2020 and was done in November 2022.
The $39.126-million project received a $10 million investment from the Investing in Canada Infrastructure Program. The city also received a grant from the federal government.
Prior to the pool's opening, the city signed a five-year naming rights deal with Canfor, which pays the city $75,000 per year.
