Roland Eid. (photo supplied)

The bonding company suing an Ottawa construction firm's founder, who abruptly left town for Lebanon earlier this year after being awarded a multimillion-dollar federal contract, has renewed its efforts to collect at least $2 million, court documents show.

Trisura Guarantee Insurance Company is suing Roland Eid and his wife, Marlene, the last confirmed owners of bankrupt ICI Construction Management. The company overseeing ICI's bankruptcy proceedings is also named as a defendant in its capacity as estate trustee, though it has been unable to collect any of the almost $10.7 million owed to roughly 150 creditors.

Court documents initially filed in February alleged Trisura – owed $3 million according to a list of creditors – delivered performance, labour and material payment bonds for several construction projects, including a contract awarded to ICI in August 2007 to move, rebuild and demolish a number of buildings for an RCMP training facility off Shirley Boulevard in the city's west end.

Trisura said it received a "significant number" of claims as a result of ICI's default and was initially seeking a payment of $2 million, plus a further amount to be disclosed prior to a future trial. Still growing, the figure is approaching $3 million, said Trisura CEO Bob Taylor.

Unable to serve the initial statement of claim at Mr. Eid's last known address on Blackstone Crescent in Ottawa, Trisura obtained a court order earlier this month to serve the statement of claim to an additional eight physical and electronic addresses, the documents said.

As of late last week, none of the defendants had filed statements of defence, according to a Toronto courthouse official. If a defence is not filed by the end of the month, Trisura may file for defaulted judgement.

However, Ogilvy Renault construction law and commercial litigation lawyer Dan Leduc said he doubts an Ontario court could collect any damages from Mr. Eid.

"The chances are slim. I don't think they can enforce it in Lebanon and I don't think he has any assets in Canada," said Mr. Leduc, who has successfully represented five subcontractors owed money by ICI. The final two companies he represented received cheques from Trisura in May.

"It's pretty sad. A lot of (workers) went unpaid," he said.

Trisura's Mr. Taylor acknowledged it is an open question whether his company will recover any of the money should it win the lawsuit, but said it was proceeding in case either of the company principals ever return to Canada.

"We stood behind them that they would honour their commitments and they didn't," he said.

Bankruptcy trustee Kevin McCart, of Surgeson Carson Associates, said ICI's insolvency proceedings remain unresolved and that creditors have not received any payments to date. He added creditors requested the RCMP launch an investigation. When contacted, representatives at the police service would not disclose such information.

The construction company closed its doors without notice last December, forcing clients such as the Ottawa Catholic School Board and Public Works and Government Services Canada to go to the bonding company to have the work completed.

Mr. Eid previously told OBJ he left Canada "to pull my family together and live in a different part of the world."

Mr. Eid also maintained he sold ICI to the company's controller, Sebastien Dagenais, for $2.95 million and provided a copy of the sales agreement to OBJ. However, Mr. Dagenais' lawyer, Ron Price of Rasmussen Starr Ruddy LLP, said at the time that a number of the sales conditions were not met, meaning Mr. Eid remains an owner of ICI.

OBJ was unable to reach Mr. Eid for comment. A woman who answered the phone at the Beirut office of Mr. Eid's lawyer, Jean Tabet, said the company is no longer a law firm. She added the company is not in contact with Mr. Eid and is not aware of his whereabouts.

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TIMELINE

ICI Construction Management timeline

2002-03

Mr. Eid leaves his job at Westeinde Construction. ICI Construction Management is formed. The company is co-owned by Roland Eid and his second wife, Marlene.

2003-07

ICI Construction Management becomes "quite competitive" in the local construction industry, according to the General Contractors Association of Ottawa. Contracts awarded include a $420,000 job with the Department of National Defence in March 2006 and a $4.5-million job for the RCMP in August 2007.

November 2007

Mr. Eid claims he sold ICI to company controller Sebastien Dagenais. A bill of sale produced by Mr. Eid has a closing date of Dec. 15. Mr. Dagenais denies he purchased the comapny.

December 2007

According to one former employee, ICI paycheques start bouncing for the Dec. 10-14 pay period. Sometime between Dec. 21-25, Mr. Eid leaves for Lebanon with his two children from his first marriage. He said the children returned to Canada in late January.

Jan. 7, 2008

A former ICI worker is told the company bank accounts are empty.

Jan. 11, 2008

With subcontractors' cheques bouncing across Ottawa, ICI banker Caisse Populaire arrives at the ICI office to secure the property. Receivership trustees Surgeson Carson Associates takes over some ICI assets.

Feb. 15, 2008

Bonding company Trisura Guarantee Insurance Company files a $2-million lawsuit against Mr. and Mrs. Eid.

Sept. 3, 2008

Ontario Court of Justice authorizes Trisura to serve its statement of claim to additional addresses.