[esquire]

Here's the full laundry list of alleged deficiencies from the Statement of Claim. I guess in any project of sufficient magnitude you're going to run into a few issues and shortcomings. But even though some of this stuff is tiddlywinks and a matter of one's personal opinion, there are undeniably some major issues in the mix and on the whole it does seem like a bit more than one might reasonably expect.

(a) lack of handicap accessible design relating to door openers and at suite level;

(b) replacement of guard railings in seating areas;

(c) guard rails around roof top equipment lacking;

(d) insufficient field exiting;

(e) water infiltration into private suites;

(f) water infiltration from North and South video board steel structure;

(g) contractors’ construction deficiency list items not completed;

(h) East crawlspace not backfilled;

(i) gate canopy drainage issues;

(j) rainwater leader drainage piping connection failures;

(k) water migrating into the facility due to a compromised building envelope;

(l) water ponding on the North and South Concourse areas;

(m) extensive Concourse slab cracking;

(n) heating and insulation issues:

(i) inadequate design to maintain original design temperature of 10 degrees Celsius in suite levels year-round;

(ii) lack of thermal insulation, thermal break, and weather proofing of suite level;

(iii) lack of suitable thermal insulation throughout (Administrative Building north wall, Administrative Building Floor, Pinnacle Club);

(iv) lack of enclosure of the East crawlspace under the Administrative Building resulting in a cold floor slab throughwinter;

(v) lack of heat in all mechanical, sprinkler and electrical rooms that function through all four seasons;

(vi) lack of heat in concession area for cold weather operational use;

(vii) lack of weather stripping of all doors;

(viii) lack of heat tracing on piping exposed to freezing (sprinklers, water and drainage);

(ix) inadequate Administrative Building HVAC controls, air distribution, heat, and cooling;

(x) inadequate consideration of mechanical systems winterization design for entire facility;

(o) lack of structural design capacity of Concourse slabs to satisfy venue requirements for operational loading;

(p) lack of positive floor system drainage to internal floor drains (Training Room);

(q) imbedded stair nosings’ design/installation poorly resolved;

(r) poor coordination of building services - exit corridor in the basement required the addition of a rated ceiling;

(s) extensive sidewalk settlement around the perimeter of the facility;

(t) water in “dry” pits housing backwater valves causing rusting of valves;

(u) mould issues due to water migration into walls;

(v) dangerous ice accumulation on sunshades;

(w) no all-weather route past truck access to field due to inadequate clearance in original design;

(x) exterior finishes subject to vandalism damage;

(y) no access ladders to upper roof canopy hatches;

(z) exposed steel not painted or sealed;

(aa) sprinkler system design type for suite levels unsuitable due to lack of heat;

(bb) lack of fire proofing on the steel structure supporting the Administrative Building roof, South Patio and North Concessions;

(cc) inadequate entrance gate design;

(dd) no hose bibbs in seating sections for pressure washing seats;

(ee) no hose bibbs in landscaping areas;

(ff) no power provided for broadcast trucks;

(gg) inadequate design of domestic hot water boilers requiring early replacement;

(hh) no strainers provided over roof canopy drains and trench drains;

(ii) no internal barrier free route between upper level football offices and lower level football operations;

(jj) Commissary not located in proximity to event areas; no all-weather route between Commissary and event areas on east side of building;

(kk) inadequate storage in building and around site;

(ll) inadequate provision of service elevators;

(mm) weight restrictions on all Concourse levels due to slab design and composition. This limits weight and amount of product and weight that can be moved around stadium, a problem for moving kegs of beer for instance. Man lifts and equipment. are limited in their capacity;

(nn) no incoming internal material handling and storage area was provided;

(oo) poor layout of dock scissor lift controls; and

(pp) no barrier free route from parking to Administrative Building entrance;
(collectively the “Deficiencies”)