Thermo Applicators Inc. filed a motion for summary judgment regarding unpaid invoices for insulation work performed at Simplot Canada’s potato processing plant.
The claims are based on The Builders’ Liens Act (BLA).
Facts:
Evoqua was the prime contractor hired by Simplot. Evoqua subcontracted to Razar, who then hired Thermo for insulation work.
Thermo's work was performed between fall 2019 and June 2020, with invoices totaling $609,121.86. After partial payments, $469,885.16 remained unpaid.
Razar disputed two invoices totaling $94,699.16, claiming the work was outside the contract's scope.
Thermo filed liens against Simplot’s property, which were vacated upon Evoqua posting lien bonds.
Court Findings:
Razar's "pay when paid" defense was rejected.
Thermo's liens were deemed validly perfected.
The court dismissed the remainder of Thermo's motion for summary judgment, finding that issues involving the state of accounts and claims among Thermo, Razar, and Evoqua require a trial.
Decision:
Granted:
Summary judgment declaring the rejection of the "pay when paid" clause.
Declaration of Thermo’s liens as validly perfected.
Denied:
The remainder of Thermo’s motion for summary judgment.
Recommendations:
Consolidate related actions (Thermo's, Thorpe Construction Ltd.'s, and Razar's) for a common pre-trial process overseen by one judge to streamline proceedings and ensure coordinated discovery and trial preparation.
Costs:
Each party to bear their own costs regarding the motion. No amount specified.
Erratum:
Correction issued on June 1, 2023, to amend a typographical error on page 2 of the judgment.
