Metrolinx: Bombardier Flexity Freedom & Alstom Citadis Spirit LRVs

[robmausser]

I think there should have been an addendum made that sure, Bombardier can continue with the contract as is, but if they are even a day late with the order Metrolinx can sue them into the ground.

 

[TOareaFan]

I think there should have been an addendum made that sure, Bombardier can continue with the contract as is, but if they are even a day late with the order Metrolinx can sue them into the ground.

it is not the job of the judicial system to negotiate, or re-negotiate, contracts.

 

[cplchanb]

And here's the Star's story.

The article does not underline the reasonings from the judge. IMO, by forcing ML to stay with bbr, they essentially can hold ECT as a potential hostage for their incompetence. On
that note, have they figured out how to get that first train movin

 

[TOareaFan]

The article does not underline the reasonings from the judge. IMO, by forcing ML to stay with bbr, they essentially can hold ECT as a potential hostage for their incompetence. On
that note, have they figured out how to get that first train movin

The judge has not forced ML to stay with BBD.....they have said that before you get out you have to use the dispute resolution mechanism in the contract itself.

 

[44 North]

Would Bombardier and its manufacturing divisions be flexible enough to allow say half the Flexity order to be annulled, so long as the monies go toward purchases of other Bombarder products? So they get less LRV orders from the Prov, but guaranteed orders for more Movia subways and GO cars.

 

[jordanmkasla2009]

The article does not underline the reasonings from the judge. IMO, by forcing ML to stay with bbr, they essentially can hold ECT as a potential hostage for their incompetence. On
that note, have they figured out how to get that first train movin

Ben Spurr‏ @BenSpurr
Judge wrote that he is "not persuaded that MTX really intends to terminate the contract for default...
11:11 AM - 19 Apr 2017

Ben Spurr‏ @BenSpurr
...It appears to me that MTX is using the threat of termination for negotiating purposes."
11:11 AM - 19 Apr 2017

 

[cplchanb]

The judge has not forced ML to stay with BBD.....they have said that before you get out you have to use the dispute resolution mechanism in the contract itself.

welll....considering how "fast" both parties make decisions, dispute resolution is pretty much a defacto bind since they will want to scrape the bottom of the barrel for resolutions before they even attempt to reopen the termination option.
By that time who knows how long it will be delayed for. At least bbr is currently tied with a 500K/day penalty clause if i read correctly in the above posts

 

[Allandale25]

Statement from BBD: https://twitter.com/BenSpurr/status/854733350665408519

 

[cplchanb]

well in the end in our capitalist world, the big corporations will always win.
Its the common tax payers who will once again be punished as a result

 

[jordanmkasla2009]

well in the end in our capitalist world, the big corporations will always win.
Its the common tax payers who will once again be punished as a result

Contract Law is very strict in how it must be adhered to. All this decision means is that if Metrolinx failed to follow the dispute resolution portion of the contract, they would be found in breach of the contract and would owe a lot of money to Bombardier for terminating the contract in a manner that is not consistent with the termination conditions of the contract. In essence, Metrolinx in trying to "avoid their own Gas Plant Scandal" would have had their own Gas Plant Scandal.

 

[amnesiajune]

I think there should have been an addendum made that sure, Bombardier can continue with the contract as is, but if they are even a day late with the order Metrolinx can sue them into the ground.

Everyone is always allowed to sue for breach of contract. What people can't do is unilaterally walk away from a contract, which is what Metrolinx tried to do here.

 

[TOareaFan]

ML speaks:

 

[TOareaFan]

The article does not underline the reasonings from the judge.

https://www.scribd.com/document/345648982/Bombardier-v-Metrolinx-Reasons-for-Decision

 

[Markster]

And here's your Wednesday afternoon reading material:
https://www.scribd.com/document/345648982/Bombardier-v-Metrolinx-Reasons-for-Decision

[edit] curses!

 

[dowlingm]

Would Bombardier and its manufacturing divisions be flexible enough to allow say half the Flexity order to be annulled, so long as the monies go toward purchases of other Bombarder products? So they get less LRV orders from the Prov, but guaranteed orders for more Movia subways and GO cars.

Siemens and other manufacturers who would like to supply Toronto might have something to say about that.