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2023年5月30日

温哥华的百老汇地铁施工架诉讼由格伦Korstrom | 5月30日2023年,下午3:15百老汇地铁施工中断业务商人和承包商之间产生法律纠纷| Rob Kruyt建设温哥华的百老汇地铁产生了至少四个诉讼相关承包商未能得到报酬,多亏了一个新的行动提交5月24日。另一个法律纠纷来自一个商人沮丧与噪声和施工中断伤害了他的生意。很多商人已经讨论了发起集体诉讼得到补偿,因为他们支付更多的租赁比租赁价值属性,但他们迄今为止因可能是多年来在法庭上如果不超过十年。最新的法律冲突地铁来自承包商Basalite混凝土产品——温哥华城市,它宣称是27031 .95美元加上利息后提供,和地下建筑服务帮助建立28亿美元扩展架空列车系统的年线杨梅街,从VCC克拉克站。Basalite起诉Tirex深建设有限公司,原名耽延深建设有限公司,以及百老汇地铁项目公司,百老汇地铁构造函数普通合伙和温哥华的城市。这不是第一次起诉Tirex,尚未提交响应。城市邮件出像今天说它没有法院前的事宜发表评论。Basalite称,承包商同意支付它工作在通常的利率30天的月份的“购买”。这意味着钱是欠截至4月30日,2022年,Basalite说通知的民事索赔。Basalite还寻求一个声明,它有权建设者留置权,这座城市,随着“所有者”被要求保留妨害的基金,以确保Basalite可以支付,后提起索赔的建设者留置权新威斯敏斯特地契办公室2022年6月。 The controversial project has spawned not only contractor squabbles but also upset merchants. Greens Organic and Natural Food Market Inc. in September sued the BC Transportation Financing Authority, the Transportation Investment Corp. and Her Majesty the Queen in right of B.C. as represented by the minister responsible for the Transportation Act and Broadway Subway Project Corp. Greens’ owner Sentheepan Senthivel’s notice of civil claim called West Broadway subway construction a “nuisance.” He said that his sales were $7.7 million in 2020, and that they dropped to $6.8 million in 2021, when construction began. In 2022, his sales fell further – to $5.6 million. Senthivel told BIV today that "sales are down - worse than last year." He has burned through more than $800,000 in cash to sustain his business, which remains open, he said. He said he has been in touch with Vancouver Mayor Ken Sim's office, which has told him that it has been in contact with B.C. 's Ministry of Finance to advocate for compensation for merchants affected by the construction. Other lobbying efforts include getting the subway builders to allow for some street parking to resume. Senthivel said that he has been in talks with his landlord to try to defer some rent payments. His described his lawsuit as “futile” because the government corporation building the line has deep pockets and the ability to wait out what could be a long battle. The same futility could meet the merchants if they aim to launch a class action lawsuit, he said. They have not yet received so much as a penny in compensation, class-action participant and former Festival Cinemas owner Leonard Schein told BIV this afternoon. Schein and other Cambie merchants continue to argue in court that the line’s operators should compensate them because the businesses paid more to lease properties than the leases were worth. He said that there has been some agreement from TransLink and other defendants that the merchants and property owners are owed some money for a one-year period. TransLink in 2018 sent BIV a statement saying that it was appealing the BC Supreme Court judgment that awarded damages to Cambie merchant class members, because TransLink disagreed with how land values were being calculated. It wanted an official assessment from a real-estate appraiser instead of a property value that was estimated using a revenue-loss formula. Schein is urging the city to provide property-tax discounts for impacted Broadway merchants, and the province to provide compensation to those merchants based on whatever formula is eventually determined in court to compensate Cambie merchants. No court date has been set to hear TransLink’s appeal of the Cambie merchants’ class-action lawsuit, Schein confirmed today. •