Town of Ponoka suing playground company for $113,000

Town alleges Rex RecreActive failed to complete two playgrounds.

The Town of Ponoka is suing Rex RecreActive for allegedly failing to complete two playgrounds (Co-op Subdivision and Westview Park) it was hired to build last year. Volunteers did help complete the Co-op playground but the Westview Park playground remains incomplete. Town of Ponoka illustration

The Town of Ponoka is suing a playground company for $113,921.88 for allegedly failing to complete its contracted work.

On Aug. 4 the town, through law firm Sirrs LLP, submitted a statement of claim at the Wetaskiwin Court of Queens Bench against Rex RecreActive and Alain Desgagne based out of Sherwood Park.

The claim alleges that the Town of Ponoka entered into an agreement with Rex RecreActive to build two playgrounds — Westview Park ($148,640.07) and Co-op subdivision ($79,203.68) — for a total cost of $227,843.75.

The town entered into an agreement with Rex RecreActive on April 19, 2016 and then paid 50 per cent of both contract prices from an invoice dated April 20, 2016, before the work was to start.

“The contract required that the defendants complete the work of installation and provision of the playground equipment no later than Aug. 19, 2016,” states the claim.

The installation by the company was not completed, however, after a request from the town to residents, volunteers and businesses helped with the build of the Co-op Subdivision playground.

For both playgrounds the contract required that Rex RecreActive remove the old equipment and, “supply and install pea gravel and pressure treated borders for the playground,” states the claim.

“Despite the town requesting that the defendants comply with the contracts the defendants have failed to provide or install any of the playground equipment as was required by the Westview contract or the Co-op Playground contract as of June 19, 2016,” adds the claim.

It states that: “Neither Rex Recreative (sic) or Alain Desgagne has refunded any money that was provided by the town to Rex Recreative (sic) pursuant to the contract.” The claim also requests that the playground company pay the legal costs of the claim.

The company had 20 days to submit a statement of defence.

Ponoka News made attempts to speak with Rex RecreActive through phone and email to determine if a statement of defence was filed but was unable to reach a company representative.

No decisions or judgements have been made in relation to the allegations in this case.

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