Man-Shield Construction to pay subcontractor over $650K after 3-year delay
General contractor ordered to pay over $650K to flooring company
The general contractor for two condominium buildings at Thunder Bay's waterfront will have to pay over $650,000 to a subcontractor.
In a court decision from October, Justice Bruce Fitzpatrick said Man-Shield (NWO) Construction Inc., would have to pay The Floor Show Ltd. the amount, based on work performed, as well as additions and extras requested by the condominium unit owners.
Man-Shield alleged the subcontractor performed defective work, and upgrades and extras to units that were performed by the flooring contractor would not yet be paid by Man-Shield, as it had not received payment from the unit owners.
Court documents showed there was no issue with workmanship, but instead, the overall relationship between The Floor Show and Man-Shield fell apart, along with the relationship between the general contractor and other subcontractors. It is at that time, that Man-Shield stopped making payments.
The money has been owed to The Floor Show since at least September 2015.
In his decision, Fitzpatrick wrote that the two condominium projects have become a "legal quagmire," particularly for Man-Shield. The builds have been the subject of numerous lawsuits, including when Man-Shield served the developer of the condominiums, Gisele MacDonald with a lawsuit, alleging breach of trust, stating it was owed $1.5 million.
The buildings had also been subject to construction liens, when the building process started in 2013.
In the evidence presented to the court, Fitzpatrick took issue with the sworn affidavit of Peter Belluz, a President with Man-Shield.
Fitzpatrick wrote the affidavit was produced two-and-a-half-years after this particular dispute arose, and found that the affidavit was "patently untrue" when stating values that were owed, to the tune of $236,000.
Justice Fitzpatrick also wrote he found issues with the credibility of the evidence brought forth by Man-Shield.
The $650,000 owed by Man-Shield to The Floor Show Ltd., is also subject to interest.