wopchop
Building Toronto
Design changes are one thing, but parts problems are another. It doesn't matter if it could "happen to any company". While true, that doesn't absolve Bombardier of fault in the case of a lawsuit, as it is the responsibility of Bombardier to work with its supply chain to meet the the conditions of the contract. It isn't the TTC's responsibility to do that, so consequently, any problems that arise from that supply chain means legal fault must fall on Bombardier. A strike would most definitely be classified as an 'excusable delay', meaning, there is no fault, and it cannot be part of the delay claim.I really don't think that's going to happen unless they don't deliver by the end of the year. I don't see how the city or TTC could win a lawsuit over this Bombardier hasn't really done anything. The strike was not there fault they couldn't predict how long it would take. The rest was either because of design changes by the TTC or parts problems that could happen to any company.
The change order for the aforementioned design changes probably had a built-in time extension as part of it, which would have been taken into account in Bombardier's most recent June 1st schedule (that they also failed to meet), so I don't see how the design change can continue to be claimed as an issue.
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