Edmonton homeowners' lawsuit claims tower excavation caused cracking
Homeowners across the street from a retirement residence in Edmonton's Westmount neighbourhood claim excavation work for the tower shook the ground so much it caused extensive property damage.
In an amended statement of claim filed with the Edmonton Court of King's Bench in May, the plaintiffs say excavation work in the winter of 2020 for the Glenora Park retirement home near Groat Road and 102nd Avenue vigorously shook the ground and caused extensive vibrations and intense pounding.
The result, the lawsuit claims, was extensive foundation, pavement, garage and swimming pool cracking, as well as leakage in skylights and windows.
Clifton Corporation, Kenneth Mackenzie and Linda Mackenzie are the plaintiffs in the lawsuit.
Clifton Corporation, of which the Mackenzies are directors, owns properties that are just south of the retirement home.
Clark Builders, CB Partners Corporation, Turner Partnership Holdings Inc, Revone Westmount, Revera One Clifton GP Inc, a numbered Alberta company, Arrow Engineering Inc, Entuitive Corporation and the City of Edmonton are listed as defendants, plus four corporations and two individuals with unknown names.
Plaintiffs may file civil actions against unknown defendants as a temporary measure until an identity can be determined.
The statement of claim accuses defendants of failing to minimize risk to nearby properties, and of conducting the excavation and construction work "in a careless and reckless manner," among other allegations.
The document also claims the City of Edmonton and other defendants failed to conduct reasonable diligence when allowing the area to be rezoned and issuing development and construction permits.
None of the allegations have been proven in court.
The plaintiffs are seeking $898,676 in damages, plus costs and interest.
A handful of properties lie just south of the Glenora Park retirement home in Westmount. (Madeleine Cummings/CBC)
Tower developer RevOne and the prime contractor, Clark Builders and its partners, are denying the allegations.
"RevOne performed all of its work and services in relation to the Revera Project in a competent and workmanlike manner, and in accordance with all applicable industry standards, specifications, building codes and statutory requirements," the company said in a statement of defence.
Some of the companies involved have filed claims against co-defendants.
Entuitive is denying the allegations in a separate statement of defence, saying its services did not include pre-construction surveying and excavation monitoring.
In its statement of defence, Arrow Engineering denied it acted negligently and denied it owed any duty to the plaintiffs.
The City of Edmonton claims in its statement of defence that it conducted rezoning and issued permits in good faith and with appropriate diligence.
Lawyers for the plaintiffs and Clark Builders declined interview requests. A spokesperson for the City of Edmonton said the City could not comment on matters before the courts.
Randy Bilyk, the general manager of Alabon Foundation Repairs, which is not involved in the dispute, said his company often receives calls from people worried about damage from nearby construction or LRT projects.
But because concrete is prone to cracks, especially in parts of Edmonton with highly plastic clay soil, he said it can be hard for owners to prove construction was the cause.
He recommends property owners hire a third party to document a structure's state before excavation.
"Then it's a whole lot easier to prove," he said.
