A subcontractor that worked on the new Burnaby North Secondary School, which opened to students this week, is suing the Burnaby school district and the school's main builder.
Surrey-based PMC Builders & Developers Ltd. supplied and installed the building's structural steel framing and other metal work, including decorative metal railings and fences, according to a notice of civil claim filed in B.C. Supreme Court Tuesday.
The company says it provided the work and materials in accordance with a subcontract it signed with Yellowridge, the project's head contractor.
"At the direction of Yellowridge," PMC says it also performed and supplied materials in addition to what was originally contemplated in the subcontract.
PMC invoiced Yellowridge for the work, materials and "extras," but PMC claims $2,765,775 is still owing.
"PMC has demanded payment of $2,765,775 from Yellowridge, but in breach of the subcontract, Yellowridge has refused or neglected to pay the unpaid amount," states the claim.
The Surrey company is now asking the court to declare Yellowridge in breach of trust and to issue a judgment against Yellowridge in the amount $2,765,775.
PMC is also asking for a declaration that it is entitled to a $2,765,775 builder’s lien against the land and new school and for an order that the property be sold to cover the cost of the lien if PMC isn't paid what it claims it is owed.
The claim noted the school district was obligated by law to retain a hold back from Yellowridge.
Yellowridge and the school district have not yet responded to PMC’s allegations, and none of the claims have been proven in court.
So far, the lawsuit has not affected the opening of the school.
A daycare and adult education program moved into the building before the New Year, and high school students moved in Monday.
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