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.

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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

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