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Builder files lawsuit over Anmore daycare

A Richmond construction company is suing the village of Anmore, claiming the municipality breached its contract with the company during negotiations to build a $600,000 daycare centre.

According to papers filed in BC Supreme Court in Vancouver, Avion-Multiplex Construction is seeking damages, legal costs, interest and a declaration that Anmore breached its initial request for proposals (RFP) when it allegedly dismissed without warning Avion’s winning bid for the 45-child Anmore daycare centre and engaged a competitor’s bid.

According to Avion’s claims, which have not yet been proven in court, the village of Anmore was obligated to provide Avion with a written statement when its proposal had been terminated before the village could “either open discussions with another proponent or terminate this RFP.”

Avion’s civil claim quotes from what it says are emails sent between Anmore and competing bidder, Britco Structures of Langley, which it claims show the village was in negotiations with Britco to build the structure as recently as September 2010, after Avion says they had already been awarded the bid.

Avion vice-president Matt Stogryn told The Tri-City News that he received an anonymous envelope containing copies of the alleged Anmore-Britco emails quoted in the court claim.

Stogryn said that after receiving the allegedly leaked correspondence, he immediately contacted the village of Anmore.

According to Avion’s statement of claim, Anmore then informed Avion that the village no longer had the funds to build the daycare centre and would not proceed with the RFP.

Anmore’s chief administrative officer refused to comment on the lawsuit Monday but told an Anmore staffer who spoke to The News that the matter would be discussed at an April 26 council meeting before the village decides how to respond to Avion’s statement of claim.

Anmore Mayor Heather Anderson refused comment on the issue Monday, saying in an email, “Since this is a legal issue and, therefore, an in-camera issue for Anmore council, I am unable to make any comment.”

Most of the money for the proposed Anmore daycare came from a 2008 capital funding grant from the B.C. Ministry of Children and Families worth $500,000 while the approximately $100,000 remainder came from a developer.

 

tcoyne@tricitynews.com

 

 

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