A lawyer representing the general contractor hired to guide the Marriott Courtyard hotel project to completion is demanding that the Northern Regional Construction Association retract statements alleging his client left local trades and suppliers in the lurch.
In a March 25 letter to the Association, lawyer David Mckenzie says statements about Calgary-based UPA Construction Group Ltd. that NRCA CEO Scott Bone made in a memorandum to its members and to local media are "false, misleading and disparaging with an intent to injure."
Specifically, Mckenzie takes issue with claims in the memorandum that UPA owed subcontractors $1.8 million, that it has delayed responding to the NRCA on the matter and that UPA's actions have been "unethical, contravenes contract conditions and illustrates a lack of good faith."
Contrary to those statements, McKenzie says $1.8 million was not due and owing.
He says the project was behind schedule and the Marriott Courtyard owner advanced a "substantial claim for delay damages" against UPA as a result. In turn, Mckenzie says UPA sought to have the amounts deducted from those it deemed to responsible in accordance with the law.
Mckenzie says UPA "spent considerable time and effort" between August and November 2018 reaching negotiated settlements with the hotel's owner and the majority of UPA's trades and suppliers whose claims exceeded a combined total of $1.6 million.
As a result, he says the "vast majority" of the claims have been resolved with all but one of of the parties represented by legal counsel in the negotiations.
Mckenzie is also demanding the NRCA call off a boycott of the Marriott Courtyard over the matter.
"The published statements inthe Memorandum and the statements to the media are false, have lowered UPA's reputation, and are defamatory as a result," Mckenzie says. "It is clear that the statements were published with malicious intent to cause financial harm to UPA. Indeed, UPA has suffered reputational and financial harm as a result.
"I hereby demand that you immediately publish a complete retraction of the Memorandum, issue an apology to UPA and Prince George Hotel Limited Partnership and end the boycott of the Marriott Courtyard."
Bone did not return an invitation to comment on Tuesday.
