Wanda Simek and Derek Ball win commercial construction trial

Wanda and Derek acted for High End Hotel, a contractor that had done the piling, foundation, and framing of a hotel in Fort St John, BC. High End sued the owner and general contractor for unpaid invoices. The defendants alleged in response that High End’s work was deficient, caused delays or was not approved by written change orders. The most contentious issue was the fact that the hotel was built 1.1 metres lower than specified in the architectural plans – who was responsible for this error?

The court found in favour of High End and concluded that the general contractor was responsible for the elevation error. The court preferred the evidence of High End’s principals and awarded judgment to High End.

This trial involved delving into construction details related to site preparation, land surveying, concrete pilings, grade beams, foundation slabs, framing a four-storey hotel, and complex roof truss plans.

For more information on this case, visit 2022 BCSC 391. For more information on Allen / McMillan’s construction law practice, please contact Wanda at wanda@amlc.ca or Derek at derek@amlc.ca