Key Facts:
- ASHC hired Dawson Wallace as the construction manager for the Gilchrist Gardens Phase II project in Calgary.
- Dawson Wallace subcontracted D'Amani Stucco Solutions, which further hired Eko Wall Systems for stucco and Adexmat for cladding materials.
- D'Amani abandoned the job after completing only 18%, leading to its subcontract termination.
- Dawson Wallace withheld payment from D’Amani and later hired Holt Construction to complete the work, incurring $647,838 in costs.
- D'Amani filed for bankruptcy, leaving Eko and Adexmat unpaid.
Legal Issue: The case involves determining entitlement to $311,164.27 paid into the Court under Alberta’s Public Works Act (PWA), representing claims from Eko and Adexmat. Dawson Wallace claimed the funds, arguing the money was owed to them under their contract with ASHC.
Decision Highlights:
- The case did not definitively declare a single successful party. The court did not make a final determination on who was entitled to the funds.The court dismissed the application due to inadequate evidence regarding the distribution of the funds, inviting parties to agree on the quantum or proceed with further directions.
- The court found that both Eko and Adexmat have a right to claim the funds, even without a direct claim against Dawson Wallace, as sub-subcontractors.
- Dawson Wallace is not automatically excluded from the funds despite not filing a formal PWA claim.
- No specific monetary award or damages were granted.
