Action No: BETWEEN: IN THE COURT OF QUEEN S BENCH OF ALBERTA JUDICIAL DISTRICT OF CALGARY PLAINTIFFNAME Plaintiff - and - DEFCONTRACTORNAME And DEFENDANTOWNERNAME Defendants STATEMENT OF CLAIM 1. PLAINTIFFNAME, ( PLAINTIFFSHORTNAME ), is an Alberta Corporation carrying on business as a XXXXXXXXXXXX in Alberta. 2. The Defendant, DEFCONTRACTORNAME, ( DEFCONTRACTORSHRTNAME ), at all times relevant to this action, was a registered Alberta Corporation carrying on business as a homebuilder in the City of Calgary, in the Province of Alberta and is a Contractor as defined under the Builders Lien Act RSA 2000 c. B-7, hereinafter referred to as the Lien Act. 3. The Defendant, DefendantOwnerName ( DefendantOwnerShortName ), at all times relevant to this action, resided and, to the best knowledge of the Plaintiff, still resides in the City of Calgary, in the Province of Alberta and is an Owner as defined under the Lien Act of those lands and premises described on Certificate of Title CertificateOfTitleNo and municipally described as MunicipalAddress in the City of Calgary in the Province of Alberta and legally described as: PLAN PlanNumber BLOCK BLOCKNUMBER LOT LOTNUMBER EXCEPTING THEREOUT ALL MINES AND MINERALS (the Property ).
- 2-4. PLAINTIFFSHORTNAME prepared a quotation for electrical work for DEFCONTRACTORSHRTNAME on QUOTATIONDATE in the amount of QUOTATIONAMOUNT, not including GST, on the project known as MunicipalAddress, Calgary, Alberta (the Project ). 5. DEFCONTRACTORSHRTNAME issued a FORMOFCONTRACT(Contract or Purchase Order or Subcontract) for QUOTATIONAMOUNT to PLAINTIFFSHORTNAME on CONTRACTDATE for work on the Project, (the Contract ). 6. There were a number of additional work items added to the scope of the work of the Contract on the instructions of the DEFCONTRACTORSHRTNAME supervisor which caused the Contract price to increase. 7. PLAINTIFFSHORTNAME completed the work and issued invoices as follows: Invoice Number Date Amount Invoice#1 Date1 Amt1 Invoice#2 Date2 Amt2 Invoice#3 Date3 Amt3 Invoice#4 Date4 Amt4 Invoice#5 Date5 Amt5 Total 4,391.28 8. PLAINTIFFSHORTNAME received payments from DEFCONTRACTORSHRTNAME for PAYMENTAMOUNT leaving an amount of CLAIMAMOUNT outstanding for the work performed. 9. PLAINTIFFSHORTNAME demanded payment for the work done on September 14, 2001 and when no payment was received, a Builders Lien was filed on LienDate. 10. PLAINTIFFSHORTNAME, through their solicitor, demanded payment of the outstanding amount on DemandDate1 and received no response.
- 3-11. The Work that was done was an improvement to the Property as defined by the Lien Act and the Plaintiff states that, as a result of the Work performed, the Property has increased in value by, at least, the amount of CLAIMAMOUNT. 12. The Defendant, DEFCONTRACTORSHRTNAME, in breach of the agreement, failed to pay the Plaintiff the monies owed to the Plaintiff for the performance of the Work. 13. The Plaintiff states that it provided labour, equipment and services in accordance with the instructions of the Defendant, DEFCONTRACTORSHRTNAME, having a value of CLAIMAMOUNT and such amount remains owing by the Defendant, DEFCONTRACTORSHRTNAME, and the Defendant, DefendantOwnerShortName, and each of them to the Plaintiff. 14. The Plaintiff states that the Defendants have wrongfully withheld the amount of CLAIMAMOUNT from the Plaintiff and the said amount is a just debt. 15. As a result of the wrongful actions of the Defendant, DEFCONTRACTORSHRTNAME, with the consent, either express or implied, of the Defendant, DefendantOwnerShortName, and the failure of either or both of them to pay the debt owing to the Plaintiff, the Plaintiff filed a Builders Lien against the Property on LienDate registered as Instrument No. LienInstrumentNo in the amount of CLAIMAMOUNT plus interest plus solicitor and client costs. 16. By reason of the supply of materials and services, the Property has increased in value to an amount not less than the amount for which the Plaintiff claims to be entitled to a lien. 17. The Plaintiff claims interest calculated from the date of the invoices to the date of the judgment at the rate of MonthlyInterestRate per month or AnnualInterestRate per year as shown on the face of the invoices presented to the Defendant, DEFCONTRACTORSHRTNAME. 18. The Plaintiff claims interest calculated from the date of the judgment to the date of payment on the amount of judgment to be awarded in its favour, pursuant to the provisions of the Judgment Interest Act RSA 2000 c. J-1. 19. The Plaintiff refers to Section 69 of the Lien Act and states that it is entitled to its solicitor and client costs as well as costs of the proceedings as a result of the failure of the Defendants and each of them to fulfil the terms of the agreement for engagement for the Work in respect of which the liens are sought to be enforced.
- 4-20. Further, or in the alternative, the Defendants have been unjustly enriched by the unpaid improvements provided by the Plaintiff and the Plaintiff claims restitution or quantum meruit in the amount of CLAIMAMOUNT. 21. In the opinion of the Plaintiffs, the trial of this action will not take more than 25 days. 22. The Plaintiff proposes that the trial of this action take place in the Court House in the City of Calgary in the Province of Alberta. WHEREFORE THE PLAINTIFFS CLAIM AGAINST THE DEFENDANTS AND EACH OF THEM: (a) Judgment, or in the alternative, damages in an amount of CLAIMAMOUNT; (b) Judgment, or in the alternative, damages in such further and other amounts that may be proven at trial; (c) A Judgment, Declaration or Order that the Plaintiff is entitled to a valid and subsisting charge under the Lien Act upon the said lands and premises hereinafter described; (d) In default of payment of the Plaintiff's claim, together with such interest as is allowed and the costs of this action, that the Lands and premises be sold pursuant to the Lien Act and the proceeds thereof to be applied in payment of the Plaintiff's claim as aforesaid or other claims against the said property in order of their priority; (e) Interest calculated from the date of the invoice until the date of judgment, such interest to be calculated monthly and added to any amount unpaid at the interest rate of MonthlyInterestRate per month or AnnualInterestRate per year, determined pursuant to the terms of the invoices; (f) Interest calculated from the date of judgment until the date of payment, such interest to be calculated monthly and added to any amount unpaid at the interest rate of MonthlyInterestRate per month or AnnualInterestRate per year, determined pursuant to the terms of the invoices, or alternatively, calculated pursuant to the Judgment Interest Act, R.S.A. 2000, c. I-1. (g) Solicitor and his or her own client costs of this action, or, in the alternative, costs on a party and party basis; and (h) Such further relief as this Honourable Court deems appropriate.
- 5 - DATED at the City of Calgary, in the Province of Alberta, this day of, 2004, AND DELIVERED BY ROBERT SCHUETT, BARRISTER & SOLICITOR, Solicitor for the Plaintiff, whose address for service is in care of the said solicitors at 200, 630 4 th Avenue SW, Calgary, Alberta, T2P 0J9. ISSUED out of the Office of the Clerk of the Court of Queen s Bench of Alberta, Judicial District of Calgary, this day of, 2004. CLERK OF THE COURT
TO: DEFCONTRACTORNAME and DEFENDANTOWNERNAME You have been sued. You are the Defendant. You have only 15 days to file and serve a Statement of Defence or Demand of Notice. You or your lawyer must file your Statement of Defence or Demand of Notice in the office of the Clerk of the Court of Queen s Bench in Calgary, Alberta. You or your lawyer must also leave a copy of your Statement of Defence or Demand of Notice at the address for service for the Plaintiff named in this Statement of Claim. WARNING: If you do not do both things within 15 days, you may automatically lose the law suit. The Plaintiff may get a Court judgment against you if you do not file, or do not give a copy to the Plaintiff, or do either thing late. This Statement of Claim is issued by the Solicitor for the Plaintiff, whose address for service is: ROBERT SCHUETT BARRISTER & SOLICITOR 200, 630 4 th Avenue SW Calgary, Alberta T2P 0J9 The Plaintiff has its residence in Alberta. The Defendant, DEFCONTRACTORNAME, so far as known to the Plaintiff, has its residence in Alberta. The Defendant, DefendantOwnerName, so far as known to the Plaintiff is a resident of Calgary, Alberta. Action No. 2002 IN THE COURT OF QUEEN S BENCH OF ALBERTA JUDICIAL DISTRICT OF CALGARY Between: PLAINTIFFNAME - and - DEFCONTRACTORNAME and DEFENDANTOWNERNAME STATEMENT OF CLAIM Plaintiff Defendants ROBERT SCHUETT Barrister and Solicitor 200, 630 4 th Avenue S.W. Calgary, Alberta T2P 0J9 Phone No. 705-1263 Fax: 777-9199 Matter: FILENUMBER