a) Duringan audit conducted n 6 September 011, he PMBAuditor determinedhat the Contractor ad not
achieved Full Traffic Availability by the Full Traffic Condition date of 5 September2011.b) On September 13, 2011 he Provincedelivered DBNCN0211o the Contractor.
c) On September 20,2011 the Contractor notified the Province hat it declined o accept DBNCN0211.
d) OnSeptember 1, 2011 he Province onfirmedhat DBNCN0211ad beenplacedn dispute nd equested
a DisputeResolutionMeetingbe scheduled ithin 10 business ays.
;c".,'"" e) On September 22, 2011 the Project Manager and Provincial Project Manager met, but were unable to- resolve he dispute relating to DBNCN0211.'" ':~'
f) On September27, 2011 the Contractorsent the Provincea letter ("Contractor'sFurtherResponse")
.:, ~;;.;;:;":~ providing urther nformationas o our grounds or disputing he Non-Conformanceoticeand equesting,
in the event of the Province's ersistence, greement o place he dispute esolutionon hold until such
.'",;:.; time as all matters relating to project delayswere discussed.
~,"', g) On September 30, 2011 the Provincesent a letter that did not respond directly to the Contractor's equestfor an extension of the deadline for submitting the present Notice of Referral, but reiterated that thePrincessMargaret Bridge did not achieve Full Traffic Availability by the RequiredFull Traffic Condition Date,
in ustificationof the
h) On October3, 2011, he Contractor enta further letter o the Province skingor an extension f the date
for submitting his Noticeof Referral ue o the particular emands f Project ompletion.i) On October6, 2011, he Province ejectedhis request.
Basedon the above, he Contractorhereby efers his dispute or resolution by the DisputeResolution oard
pursuant to Article 25.5 PA
a) Province Findings as to Facts as Stated in the NCN: The Province contends that the Contractor did not.
, "co, achieve Full Traffic Availability by the Required Full Traffic Condition Date. '",
b) ProvinceFindings s o ApplicableContractualProvisions s Stated n the NCN:TheProvince llegeshat
the failure to achieve Full Traffic Availability by the Required Full Traffic Condition Date contravenes ection
~';";.::~:" 14.1 PAwhich states: '.
"TheContractor ovenantso ensure hat (a) the Full TrafficConditionDateoccurs n or before he
Required Full Traffic Condition Date and (b) the Total completion Date occurs on or before theRequired Total Completion Date and acknowledgesand agrees that the failure by it to achievesuch
0 covenants ill, without imiting any other remedyavailable o the Province ereunder r at law or in~ equity, esult n ContractorNon-Conformanceayments ecoming ueandpayable y he Contractor