0998-00-G Carpenters & Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Applicant v. General Commercial Construction Management Inc., Responding Party.
BEFORE: Harry Freedman, Vice-Chair.
DECISION OF THE BOARD; October 16, 2000
Counsel for the applicant, by letter dated October 12, 2000 (and only brought to my attention on October 16, 2000) seeks a formal order requiring the responding party to produce documents relating to the construction projects in issue in this proceeding and has also responded to the responding party’s request for additional particulars. I do not, in this decision, propose to comment on either the request for particulars made by counsel for the responding party or the applicant’s reply.
Counsel for the applicant submits that the responding party has failed to produce all of the relevant documents, including the contract documents referred to in Article A-1 of the construction agreement dated November 11, 1999 and a list of subcontractors that was required by item 8 of the TD Bank award letter dated October 8, 1999 relating to Milverton Drive.
Counsel for the responding party advised counsel for the applicant that her client does not have construction employees. Therefore, since the responding party obtained work at the two projects in issue, someone must have performed that work, presumably as a subcontractor of the responding party. Under the circumstances, I am satisfied that the responding party must forthwith produce for inspection by counsel for the applicant its records relating to the carpentry work performed at the two projects in issue.
The Board therefore directs the responding party to produce forthwith all documents and records relating to carpentry work performed at the CIBC project at Eglinton and Warden Ave. and at the TD Bank project on Milverton Drive not yet produced to the applicant including, but not limited to, contract documents and a list of the subcontractors retained to perform carpentry work at those two projects.
“Harry Freedman”
for the Board