Hotham lawsuit

Charlie Hotham is suing Freysinett over unpaid materials from the parkway construction. (CBC News)

The company responsible for constructing sub-standard girders for the Herb Gray Parkway Project is now dealing with a lawsuit.

Freysinett is being sued by a local Windsor company over contracted work that hasn't been paid.

That's according to Charlie Hotham, who owns Hotham Building Materials in Windsor.

This week, he launched a lawsuit against Freysinett, suing them for almost $120,000 for construction materials.

Matthew Todd, with Renaud-Todd law firm in Windsor, represents Hotham.

"(Freysinett) has essentially put Charlie on ignore," said Todd. "They have not contacted him in some time, despite his efforts to get in touch with them."

The last communication was at the beginning of the new year.

Todd said there was no reason Freysinett is unable to pay.

"(Freysinett) does a significant amount of work in the province and world wide," said Todd.  "My understanding is they continue to do work for the provincial government, at this time on the 407. I understand they may be bidding on additional work."

In a news conference Friday morning, Hotham said the province also has a stake.

He has also sent the provincial government a letter of notice.

MP Brian Masse called it a "David and Goliath battle."

The province has 30 days to respond. By the end of that time, Todd said they would decide whether to put the province on the lawsuit as well.

"We believe there's liability ... for negligence. We believe the government was ultimately responsible for supervising the project," Todd told CBC News.  "It's taxpayers' money that's paying for this project. Our understanding is they were aware there were potential problems they allowed this to go on and on for months."

CBC News contacted Freysinett, but a representative was not available to comment.

More to come.