Sub-subcontractor wins judgment in Coast Salish Elementary case

While there are still several liens on the Sheffield Avenue property, one aspect of the Coast Salish Elementary construction conflict has been resolved, following a recent B.C. Supreme Court decision.

In 2020, Chandos Construction was awarded the contract to build a new elementary school on Sheffield Avenue on Burke Mountain.

As Coast Salish Elementary was being built alongside a slope and needed retaining walls, Chandos contracted some work to Eagle Valley Excavating Inc.

In turn, Eagle Valley contracted some of the shoring and anchoring work to Hi-Tide Shoring & Foundations.

In the spring of 2021 the working relationship between Chandos and Eagle Valley broke down and litigation ensued. Chandos claimed approximately $3 million against Eagle Valley. The subcontractor counterclaimed and filed a $1.49 million builders lien.

Hi-Tide subsequently claimed Eagle Valley owed them $426,671. The sub-subcontractor also filed a $437,988 builders lien against the land.

As of August 2023, there were eight liens on the lands. The school opened in September.

On May 28, B.C. Supreme Court Justice Murray Blok awarded Hi-Tide $437,988, plus interest, from Eagle Valley Excavating.

The excavation company didn’t respond to the application. Eagle Valley, “does not contest the debt but has been unable to pay because of its dispute with Chandos,” according to the company’s counsel.

Hi-Tide also applied for a declaration of builders lien against the lien bond posted. However, Blok dismissed that application, writing: “it is both premature and must be dealt with together with any lien claims made by other parties.”