Lawsuit alleges widespread defects at Coquitlam’s tallest tower

The owners of Coquitlam’s tallest skyscraper have filed a civil claim alleging extensive construction defects at the 49-storey 567 Clarke + Como building.

The strata corporation filed the claim in B.C. Supreme Court on Aug. 18, alleging the 364-unit building at Clarke Road and Como Lake Avenue in Burquitlam has problems with water ingress, heating and ventilation systems, and elevators. Marcon Developments built the tower in 2021.

The lawsuit also names home-warranty providers, architects, engineers, consultants, contractors and suppliers. The allegations have not been proven in court, and no responses were included in the court filing.

Named defendants include St. Paul Fire and Marine Insurance Company, doing business as Travelers Insurance Company of Canada; Definity Insurance Company of Canada; Marcon Clarke Properties Ltd.; Marcon Clarke Limited Partnership; and Marcon Developments Ltd.

The strata alleges defects in materials, workmanship and/or design. Its claims include missing, inadequate or improperly installed HVAC and variable refrigerant flow systems, condensing units, compressors, temperature controls, hot-water heating, fan-coil units, bathroom exhaust fans, ducts, boilers and other equipment.

It also alleges issues with exterior and interior doors and windows, including sealant, caulking, alignment and weatherstripping. The claim identifies alleged deficiencies in parkade and below-grade waterproofing, drainage, concrete, foundation-wall waterproofing and membrane termination bars, as well as concrete-soffit cracks, exterior-wall and cladding issues, balcony-soffit cracks, drywall, paint, wall coatings, grilles and light fixtures.

The elevators are alleged to have inadequate or improperly installed doors, cables, mechanics, operating systems and floor-access buttons, as well as rattling, shaking and free-falling elevators. The strata says the alleged defects have caused or could cause water ingress, deterioration, condensation, corrosion, mould growth and component damage, and may create safety risks.

The development carries a 2-5-10 new-home warranty under the Homeowner Protection Act, issued in November 2021. The strata alleges the warranty provider failed to repair covered defects promptly, reasonably contact owners to arrange an evaluation, or properly investigate and determine claims. It seeks damages, repairs, interest and costs, without specifying an amount.

Marcon executive vice-president Nic Paolella said the company believes the claim lacks merit. He said Marcon has worked in good faith with the warranty provider, strata and consultants, that all filed warranty claims have been determined resolved, and that some claim items had not previously been brought to its attention.