BURST
The developer and companies who built Coquitlam’s tallest condo building are facing a lawsuit by the owners, alleging deficiencies caused leaks and mould, and that elevators that are “jarring, shaking and free-falling.”
Clarke+Como in the Burquitlam neighbourhood was marketed with a focus on far-reaching views and 20,000 square feet of amenities, including a gym, basketball court, yoga and karaoke studios, a rooftop lounge, a Ping-Pong room, a music room with piano, a clubhouse, a sauna and steam room and guest suites.
According to online real estate ads, the five-year-old building is concrete and glass , and offers studios to three-bedroom suites, with current listings at $495,000 for a 520 square foot one bedroom to almost triple that for a 1,341 square foot three bedroom.
But what is not evident from the promos are the allegations of defects in “materials, workmanship and/or design,” according to the lawsuit filed in B.C. Supreme Court.
There are 364 suites in the tower on the western boundary with Burnaby.
The lawsuit represents all owners and it lists as defendants more than two dozen companies and individuals, including developer and general contractor Marcon Clarke, project architects, and several engineering firms responsible for structural, building envelope, mechanical, electrical, geotechnical (foundation), plumbing and heating, ventilation and air conditioning work. Also named are companies which installed its roofing, waterproofing, doors, windows, masonry, elevators and appliances.
Among the issues are “misaligned” windows and doors missing sealant and caulking, and improperly installed HVAC systems, the lawsuit alleged.
In the underground parking, there was “cracking” in the concrete slabs, inadequate traffic coating and improperly installed or prematurely deteriorated waterproofing systems in floors, walls and slabs, it alleged.
In the exterior walls and cladding, the building has cracks in the concrete “eyebrows” or overhangs above windows or floor lines, missing or improperly installed covers to balcony undersides called soffits and cracks in some balcony concrete soffits, according to the lawsuit.
Inside, drywall was poorly installed and mudded, and painting, wall coatings and light fixtures weren’t applied or installed properly, the owners allege.
And the elevators had problems with their mechanical systems or cables, and floor access buttons that were missing or improperly installed, the claim said.
That resulted in elevators that were “rattling, shaking and free-falling,” it said.
The freezers, barbecues and concrete planters were improperly installed and the planters have cracks in the concrete, it said.
“The defects have caused and will continue to cause resultant damage to the condominium,” it said.
Deficiencies with the HVAC system will cause it to use more energy, break down faster and cause excessive condensation, moisture damage, noise and damage to interior finishings, the lawsuit alleges.
“The defects in the windows and doors have caused and will continue to cause a risk of toxic mould growth,” it lleges. “Defects in the roof, exterior walls, balconies, patios, cladding and waterproofing, elevator, and interior have caused and will continue to cause a risk of toxic mould growth.”
It said owners reported the defects to the warranty provider as required by the 2-5-10 warranty.
That is the warranty the B.C. government mandated for all residential buildings after the leaky condo crisis in the 1980s and 1990s. It provides for two years of coverage for labour and materials, five for the building envelope, and 10 years for structural defects.
The lawsuit alleges the warranty provider breached the 2-5-10 by failing to repair the reported defects.
The lawsuit also alleges breach of contract and negligence by the defendants other than the insurance company.
The owners are seeking damages for their losses caused by increased maintenance costs, loss of use and enjoyment, and depreciation in market value, it said.
None of the allegations have been proven in court.
Requests for comments from Marcon Clarke, Travellers Insurance Ltd. of Canada, and the strata council left through its property managers were not immediately returned.
Some comments left by renters over the five years and up to recently say the three elevators — which many say are inadequate for 364 suites on 49 storeys plus seven parking levels — frequently break down, causing longer than usual waits. Some reported heating system malfunctions.
Other commenters said such problems are typical in new buildings.