The Aga Khan Museum and Ismaili Centre Project is the realization of an architectural vision of global importance.
The Project, which sits on 7 hectares of prime real estate at Eglinton and the Don Valley Parkway, was almost ten years in development, from conceptualization to opening. The Aga Khan Museum was designed by Fumihiko Maki of Japan and is surrounded by a large park designed by landscape architect Vladimir Djurovic. The Museum contains one of the most significant collections of Islamic art in the world. The extensive site is shared by the Ismaili Centre designed by the late Indian architect Charles Correa. The Centre incorporates spaces for social and cultural gatherings, intellectual engagement and spiritual reflection. The project as a whole was developed by Imara (Wynford Drive) Limited as developer who engaged various professionals including the architects, construction manager, and general contractor.
Notwithstanding rigorous project management oversight by the developer, the project fell behind schedule, ultimately sustaining an approximately 2-year delay. A number of liens were registered by the contractor and its subcontractors for their disputed claim for extras.
The claims and counterclaims of the 22 parties resulted in a significant disparity in the positions of the parties. The litigation that would have been necessary to take the lien action through trial would have been enormous. Accordingly, the key issue was how to resolve the dispute(s) within a reasonable time, for a reasonable cost, and in a responsible manner.
Following a neutral evaluation of the circumstances, we recommended to the developer a strategy comprised of thorough factual due diligence directed at marshalling the provable facts, combined with a committed approach to ADR.
“It was a privilege to assist this truly unique client with the successful resolution, through ADR, of the legal issues necessary to the completion of a world class project.”Bruce Reynolds
After gaining command of the complex fact pattern, including the very large population of relevant documents, the developer entered into a multi-part Mediation. Under the recommended ADR approach, when certain contentious elements of the facts required further elucidation, Mediation was adjourned for targeted, time-limited examinations for discovery to take place between the developer and contractor, following which the Mediation was reconvened.
In the result, the case settled between the Project Manager and the contractor on a basis that was principled and reasonable.