Whitehorse Daily Star

Contract dispute to be heard Friday

Norcope Construction's request to shut down a part of the new Whistle Bend subdivision work is scheduled to be heard Friday.

By Chuck Tobin on June 22, 2011

Norcope Construction's request to shut down a part of the new Whistle Bend subdivision work is scheduled to be heard Friday.

Norcope is arguing a $2-million contract the government awarded to Sidhu Trucking last month should have gone to Norcope as an extra or add-on to the main $15.9-million contract Norcope was awarded March 28.

The Whitehorse construction company filed a lawsuit last Friday in Yukon Supreme Court. It claims the Yukon government breached the terms of the main contract for the installation of water, sewer and utility lines.

Norcope also requested an injunction to stop Sidhu Trucking from doing any further work on the $2-million job until the matter is sorted out.

The file went before Justice Leigh Gower on Monday to determine how to proceed.

Tom Ullyett, the government's assistant deputy minister of Justice, explained Tuesday the government is seeking more time to prepare, but Gower ruled the application for an injunction will be heard Friday.

Gower also directed the government to file any evidence and sworn statements by 1 p.m. Thursday, Ullyett explained.

He said cross-examination of Norcope owner Doug Gonder is scheduled to begin at 9 a.m. Friday.

Court documents indicate July 12 has been set down as the date for the first case management conference to determine how to proceed with the lawsuit.

Two weeks ago, Norcope drove a stream of heavy equipment from the Whistle Bend site in Porter Creek down Two Mile Hill to the government's main administration building to protest contract award to Sidhu Trucking.

Several pieces of equipment disrupted parking around the building, and in front of Premier Darrell Pasloski's corner office overlooking Second Avenue and Rotary Peace Park. Three rock trucks remain in the parking lot in front of the premier's office.

Another company which bid on the main contract but placed second with a bid of $17.5 million indicated in a letter to the Star published June 10 that the whole job should have been re-tendered, given such a substantial change in the design after the original bid closed.

Government officials have declined to explain why a $2-million re-design was necessary just days after the original tender closed.

Officials have said nobody will comment on the specifics of the dispute, as it's now before the courts.

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