A Sudbury construction company that’s barred from bidding on municipal contracts is now working as a subcontractor for the city, CBC reports.
Interpaving Limited has been hired by Garson Pipe to work on a portion of Skead Rd. to Sudbury’s airport.
The city says there is nothing stoping Interpaving working as a subcontractor on municipal projects.
“Under the Purchasing By-law, the city has the authority to manage its relationships with contractors. Contractors that submit bids on City road/water/sewer contracts are ultimately responsible for the completion of projects in accordance with the terms of the specific contract and are permitted to retain subcontractors. As such, Interpaving Limited was banned specifically from submitting bids to the City under Section 37 of the Purchasing By-law,” a Sudbury city statement said. “This section is specific to the disqualification of bidders and suppliers and does not apply to subcontracting. No further restrictions have been applied to Interpaving Limited.”
Interpaving lost its right to bid municipal work in Sudbury n after a 58-year-old pedestrian was killed at one of the company’ sites last year.
The province’s Ministry of Labour is still investigating, CBC says. It issued seven orders to Interpaving after the fatality.
The ministry says Interpaving complied — but the company appealed the orders to the Ontario Labour Relations Board.
No criminal charges have been laid.
Clive Thurston, president of the Ontario General Contractors Association (OGCA), says in a CBC interview the city shouldn’t punish Interpaving unless the company has been found guilty of something.
“It’s very heavy handed and I don’t think it would ever stand the test of law, and they could be opening themselves up,” Clive Thurston said..
“Mainly because it’s the courts who determine guilt or innocence, not a municipality. And if they set themselves up as judge, jury and executioner, they’re just asking for trouble. It’s why we have the Ministry of Labour. It’s why we have the courts. It’s why we have a system. It’s why we have investigations to find out what happened, who’s at fault.”