Engineer sues golf course for $529,000

Fri Dec 21, 2012 10:15am PST

Engineering company Focus Corp. is suing the owner of Shadow Mountain golf course for $667,568, alleging that it provided work between 2009 and 2012 and was not paid.

The company’s notice of civil claim, filed in the BC Supreme Court this week, alleges that it signed an agreement on or about November 13, 2007 to supply engineering and surveying services to improve the golf course and other land.

It then listed 28 invoices complete with dates and amounts.

As of May 3, 2012, the unpaid total from the defendants Shadow Mountain Properties Ltd. and Shadow Mountain Golf Ltd. was $529,486, Focus Corp. alleges. It is suing for that amount plus $138,082 in accrued interest.

Focus Corp. further alleges that in June 2010, it entered into an agreement with Shadow Mountain Properties whereby Shadow Mountain Properties promised to pay Focus $749,926 to settle and pay outstanding invoices. Some of that money was paid.

Shadow Mountain Properties then allegedly signed a direction for law firm Borden Ladner Gervais LLP to pay 10% of the proceeds of the sale of land, according to Focus Corp.

Problems arose, Focus alleges, because Shadow Mountain failed to obtain approval from all of its mortgagees before executing the agreement.

“Shadow Mountain Properties’ negligent misrepresentation of the warrant caused certain damages to the plaintiff,” Focus alleges in its notice of civil claim.

“It was a term of the accounts receivable agreement that full payment of the indebtedness would be made no later than June 9, 2011.”

None of the allegations has been proven in court. A statement of defence had not been filed by press time.


Tags: law, golf, Borden Ladner Gervais LLP, engineering

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