Cape Breton Regional Municipality in hot water over refurbishment project

SYDNEY The Cape Breton Regional Municipality is facing a second lawsuit the regarding refurbishment of two community water tanks.

A.M.L. Painting Ltd. based in Georges River has filed a civil suit in Nova Scotia Supreme Court against the municipality after it was rejected to complete the tender.

Company officials submitted a bid for the project on June 27, 2014, which they say complied with all the conditions set forth in the tender call.

A.M.L. offered to carry out the work for $1.5 million plus tax, which included the price of performingcontainment and enclosure protocols described in the tender for exterior blasting work.

By submitting a bid, the plaintiff states that a contract was formed between the two parties by which CBRM was obligated to treat all bidders, including A.M.L., fairly and equally, and to act in good faith in awarding the project contract.

According to the plaintiff, the tender call also included an express or implied term that the lowest compliant bid would be accepted.

However, A.M.L. argues the CBRM awarded the contract to another company that did not meet the requirements of the tender because they did not include protocols for exterior blasting as outlined.

A.M.L. was not told that such an alternative would be approved and offers that the approved bidders methods did not meet the requirements for collection, storage, testing and disposal of debris.

A.M.L is now seeking special damages, including loss of profit as a result of the the municipalitys actions.

In a notice of defence filed in late 2014, municipal lawyer, Demetri Kachafanas, the denied the allegations.

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Cape Breton Regional Municipality in hot water over refurbishment project