B.C. Supreme Court Judge Allows Contractor to Amend Counterclaim
A recent decision by Justice Miriam Maisonville of the B.C. Supreme Court in Vancouver has allowed a federal highway construction contractor to amend its counterclaim in a lawsuit. The contractor, Canadian Construction Materials Engineering and Testing Inc. (CCMET), is suing subcontractor Allied Paving Co. Ltd. for allegedly refusing to pay $413,254.74 plus interest and costs for work done south of Fort Nelson.
The lawsuit stems from a contract between Allied and Public Works and Government Services Canada (PWGSC) for pavement replacement on the Alaska Highway. CCMET was subcontracted by Allied to provide testing and quality control services for the project. However, 11 months later, CCMET sued Allied for breach of contract and negligence. In response, Allied countersued, alleging that CCMET’s errors had delayed the project.
CCMET objected to the allowance of Allied’s counterclaim amendment, which included new allegations of fraud. However, Maisonville upheld the decision, stating that the proposed amendments were intimately connected to the existing claims and did not constitute a reason for disallowance.
The ruling highlights the complexities involved in large-scale construction projects and the legal disputes that can arise between contractors and subcontractors. The case will continue to unfold in the B.C. Supreme Court as both parties seek to resolve their differences.
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