Painting company wins lawsuit over Surrey highrise

Remdal Painting and Restoration Inc. claimed breach of contract for work done on 25-storey building

A painting and restoration company has won its case after launching a lawsuit claiming breach of contract for work it did on a Surrey highrise.

Justice Michael Brundrett presided over Remdal Painting and Restoration Inc. versus the owners, strata plan BCS3444, in B.C. Supreme Court in New Westminster.

The court case was related to painting, repair and restoration work Remdal did on the exterior of the 25-storey, 180-unit D’Corize building at 13399 104 Ave.

Remdal was to be paid $141,800 plus GST to complete the work, the court heard.

It submitted a bid for the work in 2015.

READ ALSO: Surrey trucking couple wins another round against Volvo in court

READ ALSO: Gordon Wilson $5M libel lawsuit against Surrey MLA, B.C. premier, to be heard in April 2020

The court heard that this was accepted by the strata council and a contract was done up between the owners and the company. Remdal began the work and billed pursuant to the contract, but subsequent to the work being started the strata council changed, a new ownership group took over, and the new council decided to suspend and terminate Remdal’s contract, as it was entitled to do.

“However, the owners have since refused to make any payment to Remdal,” Brundrett noted. After the new strata council was elected, he said, Remdal was advised that it decided to “put on hold the five-year warranty repairs project effect immediate until further notice.”

Remdal sought payment for work done up to the point of termination of its contract and for costs incurred during a suspension period. It also put a lien against the building.

Brundrett found the contract to be “accurate, valid and legally binding.”

“I find no merit in the defendants’ argument that the contract was not binding upon the owners,” the judge decided.

“I find that the plaintiff performed the work and supplied the materials in relation to the improvements in the building pursuant to its contract with the owners. In breach of the contract, the owners have failed to make payment to the plaintiff.”

Judgment was for Remdal, in the amount of $66,766.60.



tom.zytaruk@surreynowleader.com

Like us on Facebook Follow us on Instagram  and follow Tom on Twitter

Just Posted

Donated bikes to help low-income kids in Delta have a merry Christmas

Surrey-based R.E.C. for Kids donated the bikes to Deltassist for its annual Christmas toy depot

VIDEO: Collision in Surrey breaks axle off SUV

Two people were reportedly sent to hospital

North Delta crime beat, week of Nov. 3

A selection of property crimes submitted weekly by the Delta Police Department

‘Meet Your Muslim Neighbour’ event bridges gap on Semiahmoo Peninsula, association says

Event serves as an educational space for residents in South Surrey-White Rock

Students spend night at White Rock shelter

Students hear powerful stories about homelessness on the Semiahmoo Peninsula

Teen with cancer whose viral video urged Canadians to vote has died, uncle tweets

Maddison Yetman had been looking forward to voting in her first federal election since junior high school

Security camera records hatchet attack on Langley store owner

Target escaped uninjured, but was ‘upset’ by incident

Rowing Canada, UVic investigate celebrated coach for harassment, abuse

Lily Copeland says she felt intimidated and trapped by Williams

Cleanup in the works after tanker truck fire leads to oil spill in B.C.’s Peace region

The province said the majority of the spilled oil likely burned away in the fire.

BC VIEWS: Action needed on healthcare workplace violence

While we’ve been talking about it, the number of B.C. victims has only grown

VIDEO: Vancouver Giants blank Cougars 4-0

Goaltender David Tendeck turned aside all 38 Prince George shots for his WHL-leading third shutout

Closing arguments begin in B.C. case launched in 2009 over private health care

Dr. Day said he illegally opened the Cambie Surgery Centre in 1996 in order to create more operating-room time

MacLean says “Coach’s Corner is no more” following Cherry’s dismissal from Hockey Night

Cherry had singled out new immigrants in for not honouring Canada’s veterans and fallen soldiers

Most Read