Pure v. BC-Alta

Pure v. BC-Alta

The court held Pure was entitled to recover because (1) Pure had a licensed professional engineer (Prasanna Mohan) on active staff who directly supervised and assumed responsibility under the Engineers and Geoscientists Act, so Pure could lawfully practise and sue for engineering fees; (2) Pure proved performance under the November 9, 2016 contract to the value of $31,650 plus GST ($33,232.50) and was awarded that contractual sum with interest; (3) no umbrella verbal contract was proven, but BC Alta was unjustly enriched by extra-contractual work encouraged and acquiesced in, entitling Pure to restitutionary quantum meruit in the amount of $65,000; and (4) Pure was not entitled to a...

Citation
2019 BCSC 390
Parties
Plaintiff: Pure Engineering Ltd.; Defendant: BC-Alta Development Ltd.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 March 2019
Procedural Posture
Contract; Quantum Meruit; Builders' Lien; Professional Regulation / Trial Judgment (supreme Court of British Columbia)
Outcome
Judgment for plaintiff in part; defendant liable for portions of contractual and restitutionary claims; builders' lien refused
Legal Topics
Quantum Meruit, Frustration of Contract, Engineers and Geoscientists Act Compliance, Registration/licensing of Corporations to Practise Engineering, Valuation of Services, Builders' Lien Eligibility, Interest on Judgment
Source Language
English
Contract Law Restitution / Unjust Enrichment Professional Regulation of Engineers Construction Law / Builders' Lien Administrative Law (municipal Permits) Quantum Meruit Frustration of Contract Engineers and Geoscientists Act Compliance +4 more

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Parties

Pure Engineering Ltd.

Plaintiff

BC-Alta Development Ltd.

Defendant

Procedural Posture

Contract; Quantum Meruit; Builders' Lien; Professional Regulation / Trial Judgment (supreme Court of British Columbia)

Legal Issues

  1. 1 Whether Pure complied with Engineers and Geoscientists Act and APEGBC requirements enabling recovery of fees
  2. 2 Whether Pure was entitled to recover under the written November 9, 2016 contract and the value of performed deliverables
  3. 3 Whether an oral "umbrella" or "full meal deal" contract existed for the entire project

Ratio Decidendi

The court held Pure was entitled to recover because (1) Pure had a licensed professional engineer (Prasanna Mohan) on active staff who directly supervised and assumed responsibility under the Engineers and Geoscientists Act, so Pure could lawfully practise and sue for engineering fees; (2) Pure proved performance under the November 9, 2016 contract to the value of $31,650 plus GST ($33,232.50) and was awarded that contractual sum with interest; (3) no umbrella verbal contract was proven, but BC Alta was unjustly enriched by extra-contractual work encouraged and acquiesced in, entitling Pure to restitutionary quantum meruit in the amount of $65,000; and (4) Pure was not entitled to a...

Court Disposition

Judgment for plaintiff in part; defendant liable for portions of contractual and restitutionary claims; builders' lien refused

Orders

  • Judgment for Pure Engineering Ltd. in the amount of $33,232.50 (contractual amount including GST) with interest under the Court Order Interest Act on that sum
  • Judgment for Pure Engineering Ltd. in restitution (quantum meruit) in the amount of $65,000