Ap­peals Court de­ci­sion

Annapolis Valley Register - - NEWS - HAL­I­FAX

The Nova Sco­tia Court of Ap­peals has handed down a de­ci­sion in a dis­pute over work con­ducted on the Shan­nex as­sisted liv­ing fa­cil­ity in Kentville.

Shan­nex, which op­er­ates as­sisted liv­ing es­tab­lish­ments, built a fa­cil­ity on West Main and River streets in Kentville in 2009. The gen­eral con­trac­tor, Dora Constructi­on, war­ranted its work. Shortly af­ter the fa­cil­ity opened, some pipes froze and re­me­di­a­tion was needed.

Rep­re­sen­ta­tives of Shan­nex, Dora and re­me­di­a­tion con­trac­tor My­ron Upham met to dis­cuss what to do. Upham sent two in­voices to Shan­nex af­ter work­ing for a month, one for $49,367.50 for the re­me­di­a­tion or “four cor­ners” work and one for $303,282.70 for “ad­di­tional” work.

Shan­nex replied that Dora was re­spon­si­ble un­der the war­ranty. Dora dis­agreed and said Upham’s price was in­flated. Dora said it hadn’t re­tained Upham to do the ad­di­tional work. Upham wasn’t paid.

“Dora is not re­spon­si­ble and will not pay the in­voices you sent to our of­fice,” Dora stated in a March 22, 2010, email to Upham.

Upham threat­ened to lien Shan­nex’s build­ing. Coun­sel for Shan­nex and Upham ne­go­ti­ated a set­tle­ment that in­cluded Shan­nex’s pay­ment to Upham for one of the in­voices, for $49,000, and a Release and In­dem­nity signed by Upham.

This said Upham re­leased Shan­nex from “all…claims…by

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