Metro Vancouver is countersuing the contractor it fired from the overschedule and over-budget North Shore sewage plant, arguing that the company’s breaches will cost the regional district $500 million, according to court documents filed at B.C. Supreme Court in Vancouver.

The contractor, Spanish infrastructure giant Acciona, sued Metro Vancouver in April for $250 million, saying it was wrongfully terminated from the nominally $621-million project in January. It blamed delays and cost overruns on problems that included Metro picking an inadequate site for the facility and the regional district’s “wrongful conduct” during the design and review process.

In its countersuit, however, Metro Vancouver seeks “special and punitive damages,” damages related to Acciona’s alleged breaches of contract, contractual interest and legal costs. The estimated cost of the project had ballooned to more than $1 billion.

Neither Acciona’s nor Metro Vancouver’s allegations have been proven in court.

Acciona’s breaches of the project agreement, design agreement, its duties to Metro Vancouver, misrepresentations, negligence and bad faith actions “have caused and will cause damages, costs and expenses to (Metro Vancouver) in an amount exceeding $500 million,” the counterclaim alleges.

“The damages, costs and expenses (Metro Vancouver) has suffered and will suffer include, without limitation,” the costs of securing a replacement contractor and paying them to fulfil obligations Acciona could not as well as increased costs for equipment, consulting, administration, insurance and delay costs.

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