The Heavy Construction Association of Windsor is taking issue with the process used to by the County of Essex to award the tender for improvements to the County Road 42 and 43 corridors.

The association is challenging the decision by the County by seeking an urgent Application for Judicial Review with the goal of having a judge stop the project and put it back out for tender.

Jim Lyons, Executive Director of the association, says concerns were raised by members during the intial tendering process over the fluctuating prices of supplies and fuel, along with the supply of materials and a Contractor Contract Hardship Action Form was sought to have the County help share and mitigate the risk.

According to a report that went before Essex County Council on Sept. 7, a Request for Tenders for Phase 1 of the project was posted in April, 2022 but two days before it was set to close in May, the Hardship Action Form was received.

The process closed without any formal bids and as a result, the County moved to directly approach contractors for the purpose of negotiating the costs for the project under what’s known as a limited tendering, without needing to go back to tender process.

The previous projected cost for Phase 1 was $18.5-million but the estimate from the potential contractor came in at $29-million, the price for which the tender was awarded.

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