Kelowna building construction stalled by injunction over crane fears
It has been more than two years since a tower crane collapsed in downtown Kelowna, killing five men, but its shadow is now looming over another major development.
BC Supreme Court Justice Ardith Walkem handed down a four-month interim injunction yesterday, Aug. 9, preventing a Stober Construction tower crane from swinging over a neighbouring property.
Stober is building the Movala towers in the Pandosy area of the city. Whitmar Holdings owns the nearby Palisade building complex that includes a rooftop amenity space and terrace used by its own staff and tenants for recreational purposes.
Stober tried to negotiate an agreement with Witmar to allow the crane to intrude 20 metres into the Palisade’s airspace starting in February 2022.
Despite repeated attempts to reach that agreement, which included the offer of a $10,000 payment and $5,000 for legal fees, Witmar refused.
“On March 7, 2022, Witmar declined providing access to Stober tower cranes citing the recent tragedy of the toppled crane in downtown Kelowna and advising that the location proposed would put undue stress and hardship on the Palisade's tenants enjoyment,” the court ruling reads.
READ MORE: Two years and still no answers in deadly Kelowna crane collapse
Witmar also argued that workers need to access the rooftop for repairs and maintenance but can’t while the crane is operating.
For its part, Stober argued no live loads or counterweights would cross over the rooftop and the crane arm would be 140 feet above the rooftop.
But when a tower crane is not operating, it is usually allowed to “weathervane.” That means the brake is released so the arm of the crane can swing in the wind to reduce the stress on the tower.
Stober proceeded to erect that crane and Witmar owner Walter Weisstock told the court he had seen the arm of the crane over the Palisade on several occasions.
“Stober argues it has many employees and people actively engaged in the construction process who would be impacted if the project was halted and that the cost of the project will be significantly driven up by any delay,” the court ruling says. “Stober further argues the people who have purchased the units in the building they are constructing will be severely inconvenienced by the delay as they are waiting for their homes to be completed.
“On this point, they argue there is a multimillion dollar financial risk to them if those who have pre-purchased units cancelled their purchases as a result of the delay, as is permitted per the sales contracts - a risk they suggest is elevated because of increased interest rates and the changing financial climate.
“Stober submits it may be impossible to change the current configuration of the crane to eliminate the overswing, or that to do so would be prohibitively costly and potentially dangerous.”
In the end, the judge ruled that having the crane arm swing over the Palisade rooftop would cause irreparable harm to Witmar whereas any potential damage to Stober would only be financial, even if it was substantial.
A four-month injunction was granted in the hopes, the judge wrote, that an agreement can be reached before it expires.
It’s expected the crane will be needed for at least another year.
The full ruling can be seen here.
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