Architecture firm denies blame for PRHC’s leaky roof

Lawyers for the architecture firm that designed the Peterborough Regional Health Centre are denying allegations that the company is responsible for the hospital’s leaky roof, which according to PRHC needs major repairs to the tune of $30 million.

PRHC filed a lawsuit against Stantec Architecture Ltd. over the faulty roof in Ontario Superior Court in Toronto in December 2023.

Water has seeped into patient rooms, the dialysis unit and other areas of the hospital, posing “significant health and safety risks,” according to PRHC’s statement of claim.

In response, a court filing by Stantec denies all the allegations against the company, instead pointing the finger at PRHC and contractors involved in building the roof.

Stantec’s lawyers argue in their statement of defence that any problems with the roof are either the result of PRHC failing to conduct proper maintenance on its facility or errors by EllisDon Corporation, the general contractor that oversaw the hospital’s construction, and its subcontractors.

PRHC claimed that Stantec failed to ensure the roof’s design was sound and to conduct inspections to make sure it was constructed properly.

But according to Stantec, its contract with PRHC stated that the company was not responsible for any “acts and omissions” on the part of contractors and subcontractors doing the construction, and nor was it responsible for supervising the work. EllisDon had “total control” of construction work and was “fully responsible” to PRHC for any “acts and omissions” on the part of its employees and subcontractors, according to Stantec’s statement of defence, which was filed in June.

In the court filing, Stantec’s lawyers ask that the case be dismissed. But if PRHC ends up being awarded any money in the lawsuit, the architecture firm wants EllisDon and its subcontractors to pay it. Stantec has filed a separate, third-party claim against EllisDon, two subcontractors, and the manufacturer of the roof components, demanding that the companies cover the architecture firm’s legal costs and any damages it might be forced to pay to PRHC.

EllisDon submitted its own statement of defence, arguing the company “has no fault or responsibility for any damages that may have been suffered by” PRHC or Stantec. If anyone is to blame, it’s PRHC, Stantec or the other third parties, according to the document.

PRHC launched separate lawsuit over leaky roof five years ago

PRHC has known about the issues with the roof for at least five years. The hospital filed a separate lawsuit over the matter in 2019, seeking $5.4 million in damages from different defendants: EllisDon and two other companies.

The hospital’s 2019 statement of claim alleges that EllisDon, along with a subcontractor and the manufacturer of the roofing components, “failed to deliver a roofing system that was free from defects in materials and design” and refused to uphold a 15-year warranty for the final product. PRHC later increased the amount of damages it was seeking in that lawsuit to $30 million, according to court documents.

EllisDon and the other companies have all denied the allegations against them, in their own court filings.

Neither case has gone to trial. All claims in the court documents are allegations and have not been proven in court.

According to PRHC’s 2023 statement of claim, a “noxious odour consistent with mould formation” has been detected coming from the hospital’s roof, and there are water stains in the dialysis unit, the fifth-floor mechanical room and a laboratory. The document also alleges there are cracks in the concrete roof slab in multiple locations and that there are “elevated levels of moisture” in the insulation.

The damage to the roof is so extensive it may need to be completely replaced, according to a request for proposals (RFP) the hospital issued in May. The hospital was seeking a consultant to prepare construction plans to repair an initial section of the roof – or demolish and replace it, if need be.

“PRHC is looking for a consultant to specify the appropriate actions: repair or removal and replacement of the roof system,” the RFP states. The work “could be phased over several years to allow reasonable time for construction and to minimize impact to patient care.”

PRHC is not saying when work to repair or replace the roof is expected to begin.

“The hospital has undertaken steps towards permanent repair or replacement of the roof,” a PRHC spokesperson wrote by email. “Once work begins to repair and/or replace the roof, we will provide regular information and updates to patients, families and staff, as is our normal practice.”

The statement also said hospital operations are expected to continue as normal for the time being and that “ongoing health and safety monitoring is in place.”

“The health and safety of our patients, their families and our staff is our top priority at PRHC,” the spokesperson wrote. “Once the issues with the roof were identified, the hospital took immediate steps at its own cost to ensure that there were no impacts or risks for our patients or staff.”

“As this matter is currently before the courts, the hospital will not be providing further comment at this time,” the statement continued.

The hospital had initially planned to begin construction last spring, according to its statement of claim against Stantec.

This story was updated to include a statement from PRHC.