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

Surrey RCMP investigating after ‘sudden death’ of man found with critical injuries

Police say a man is dead after being found laying on the ground in the 13300-block of 114th Avenue

Kids Boost Immunity honours Surrey school for vaccine donations

Elementary students donate more than 3,000 vaccinations to UNICEF

Teen charged with possession of a loaded firearm after incident at Whalley park

Surrey RCMP say 17-year-old boy allegedly found in possession of loaded handgun

Pug life: Waggish dog names listed in White Rock

Freedom-of-information request lists most ‘pupular’ dog names registered with the city

What’s age got to do with it? B.C. couple with 45-year gap talks happy marriage

An Armstrong couple that has 45-year age gap began turning heads after being featured on show Extreme Love.

WATCH: South Vancouver Island shooting an ‘isolated and targeted’ incident, say police

One person in custody, another fled following shooting and crash on West Shore

Woe, Canada: Bruins down Maple Leafs 5-1 in Game 7

No Canadian teams left in Stanley Cup playoffs

Defence accuses officer of ‘incompetence’ in trial for B.C. man accused in daughters’ murder

Double murder trial for the Victoria father accused of killing his two young daughters continues

Loud jets from Abbotsford are annoying residents of tiny U.S. town

Flights out of Abbotsford airport turn over border town and annoy residents, Sumas mayor says

Olympic auditions return to Lower Mainland

Event an opportunity for unknown athletes to shine and, maybe, change sports

B.C. men challenge constitutionality of Canada’s secret no-fly list

Parvkar Singh Dulai says he received a “denial of boarding” notification under the no-fly program last May 17

Murder on B.C. property didn’t need to be disclosed before sale, court rules

Buyer had tried to break contract after learning a man with ties to crime had been murdered there

B.C. pedophile wins appeal after violating court order

Kelly Glen Isbister’s sentence was cut by the BC Court of Appeal

Most Read