Three local car dealerships have filed a suit against the City of Penticton, claiming their buildings and vehicles were damaged while the city was having the wastewater treatment plant painted.
Penticton Hyundai and Penticton Honda both back onto the waste treatment plant, on lots owned by Skaha Ford, the third defendant. They claim the city’s contractor, Penticton Sandblasting and Painting (also named as a defendant), allowed overspray to drift onto the dealerships when they were painting the building in April 2015.
As a result, the Hyundai and Honda dealerships claim walls and windows were damaged, along with vehicles on the lots awaiting sale by the paint drifting onto their properties.
The civil suit describes the painting as “an inherently dangerous activity” and seeks damages for costs related to cleaning up the dealerships, the cars as well as loss of business and good will.
The suit alleges the contractor failed to perform the work in a good and workmanlike manner, and failed to use proper protocols to prevent paint from spraying onto neighbouring premises and property.
Similar complaints are aimed at the city, which the suit claims failed “to act as reasonable neighbours,” didn’t confirm the experience level of the contractor or ensure the work was performed in a proper manner, and didn’t confirm the contractor had legal liability insurance coverage that would respond to a claim for damage and loss suffered by neighbouring property owners.
The dealerships also say the city failed to warn neighbouring property owners and neighbouring businesses that spray painting work was going to be done and that over spray was a possibility and that precautions should be taken.
The civil suit was filed in B.C. Supreme Court on Oct. 3 in Vancouver, giving the defendants 21 days to file a response.