Find and discuss a British Columbia case that discusses and applies and/or interprets the Builders Lien Act. In your discussion be sure to summarize the salient facts, identify the issues before the Court, the arguments of each of the parties and provide a summary of the decision.
Oasis Windows Ltd. Against Coppergate Development Inc. And Houser Homes Inc.
Salient Facts
The Plaintiff, Oasis Windows Ltd. filed a claim of Builders' Lien against Coppergate Development Inc. and Houser Homes Inc. in regards to the failure to pay for the windows supplied by Oasis Windows Ltd.
Houser Homes was a head contractor who worked for Coppergate for the construction of the homes on Coppergate own lands. They have worked on a head contract but,
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First argument is regarding payments that have not been received from Houser Homes as agreed upon in the contract for the windows supplied as on December 11th , 2012. Secondly, argued by requesting reasonable price for the valued service they have been provided and lastly, for the damages they have been occurred due to unjust enrichment on the part of Coppergate. In regard to this claim I would surely order the Houser Homes to pay the loss of the plaintiff in regard to their valued service.Considering these arguments, Oasis Window Ltd have the full right to file a Builders' Lien Act to secure the material and services they have contributed.
Arguments of Coppergate Development Inc.
Coppergate is not liable to pay the total due for the supply of windows because there was no contract between Coppergate and the plaintiff. They could have been involved with the Builders' Lien Act if the contract was made between Plaintiff and Coppergate. However, this contract was only made in between Houser Homes and the plaintiff not with the landowner. Consequently, resources were limited to the subcontractor and no claim as opposed to the owner, or the land that was enhanced. Therefore, it is clear that the claim against Coppergate was bound to fail.
Summary of the
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