The owners of the Art Infiniti Hotel are being sued by a company hired to work at the burned building on the Lougheed Highway in Maple Ridge.
Canstar Restorations of Coquitlam is suing MBW Canada Holding, owner of the Art Infiniti Hotel, for $1.16 million, plus interest and costs, citing breach of a restoration agreement. The case is before the Supreme Court in Vancouver.
The hotel at 21735 Lougheed Hwy. burned in the early morning hours of New Year’s Eve, as the calendar turned from 2020 to 2021. The cause is believed to have been mechanical systems, and the roof and upper floors suffered extensive damage.
The burned building has become an eyesore that has drawn the ire of Maple Ridge residents.
READ ALSO: Guests evacuated after fire at Art Infiniti Hotel in Maple Ridge
Canstar asks the courts to rule it has valid liens against the property, so it could be sold to satisfy the debt the company says it is owed. Canstar says it began work on the burned building in January 2021. It sent an invoice dated Feb. 26, 2021 for almost $755,000, and then registered a builders lien against the property title on March 3. Canstar registered a second lien for $258,000 on Aug. 24.
In its response, MBW denies Canstar is entitled to the amount it claims, or interest. MBW claims Canstar’s work exceeded its authorization.
MBW said the two companies did not enter into an agreement for Canstar to perform restoration services. Rather MBW said Canstar was to provide emergency environmental services, but was not authorized to perform structural repairs, reconstruction or contents services.
MBW said Canstar also improperly issued invoices related to the property to KMK Law Corporation, as the records office of Charles Taylor Adjusting – the company hired by MBW insurer Gore Mutual Insurance. It says delivering the invoices to KMK Law was contrary to their terms of the work authorization.
MBW also said in its response that the first lien against the property was registered within five days of the Feb. 26 invoice, not after 30 days, and “it is plainly obvious that the first lien was not registered ‘as a result of MBW’s continued failure to pay the invoices’, as alleged.”
MBW filed a counterclaim against Canstar that seeks damages for breach of contract, negligence, interest and costs.
Canstar said in performing the restoration work, it took direction from MBW’s agents, including Gore Insurance and Charles Taylor Adjusting, which were authorized by virtue of the restoration agreement to give direction to Canstar.
A third party, Sky-Hi Scaffolding of Vancouver was hired to provide scaffolding construction and rental services at the site.
They are named in the suit, because the hotel owner alleges the building was damaged by a temporary roof cover, which MBW had not approved. Further, MBW said the restoration company did not obtain necessary permits and approvals from Maple Ridge city hall.
Canstar denies there is any merit to the claim, but the court filing says if there is any merit, the duty of care lay with Sky-Hi. Canstar said the roof tent helped prevent the property from being further damaged by the natural elements, was a benefit to MBW, and the city gave verbal authorization for it to be installed.
The roof tent is no longer in place, and the roofless building has been exposed to snow and rain through the past winter.
Canstar Restorations offered “no comment” on the litigation.
The News has not been able to contact the owners of the hotel.
READ ALSO: Work has stalled on fire-damaged hotel in Maple Ridge
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