Companies blamed for water leak in condos

A Brandon condominium corporation and a condo management firm are suing two private companies over water damage allegedly caused by improper pipe installation.

The lawsuit, filed in the Court of King’s Bench last month, dates back to an April 2024 water pipe installation at Urban Square on Dietrich Bay in Brandon.

Brandon Condominium Corporation No. 167 and Vionell Holdings allege that Badger Creek Plumbing and Heating Inc. and Jackmax Ltd. didn’t properly install or blow out water lines.

The plaintiffs are requesting costs associated with the damage, which is to be determined in trial, along with interest.

The statement of claim alleges that four properties suffered damage.

The claim said that Badger Creek Plumbing and Heating failed to properly install frost-free valves and ensure the valves had an anti-syphon device. It also said the company failed to advise the condo firm which kind of valves were installed and that special measures would need to be taken because of the different type of valve, and failed to act with “the standards reasonably expected of a normally-competent plumber.”

It also alleges that Jackmax and D&B Sprinklers failed to determine the types of valves connected to the pipes, failed to properly blow the water out of the lines and failed to exercise reasonable care.

Flooring, cabinetry, carpet, drywall and other property sustained damage, the claim alleges.

“The loss and damage sustained by the plaintiffs was the result of the breach of contract and negligence of the defendants,” the statement of claim said.

On or around April 23, 2024, the condo organizations discovered the water damage caused by a leak because of cracking to the frost-free valves or adjacent pipes, the claim alleges. The cracking was a consequence of water freezing in the line.

No statement of defence has been filed and the matter has not been tested in court.

Jackmax and D&B Sprinklers owner Jeff Fawcett said the lawsuit is an insurance process and is standard procedure.

“This is just the way business works,” said Fawcett, who also serves as Brandon’s mayor.

“These kinds of things happen. We have a court system for a reason, and that’s the process.”

A representative with Badger Creek Plumbing and Heating said he has been in touch with an insurance company and that his organization has been told that it isn’t at fault.

He said the lines weren’t properly drained, which was the reason for the damage.

The CEO of Vionell Holdings on Tuesday said these types of claims are initiated by insurance companies, and that his organization didn’t initiate the civil lawsuit.

“It’s just, as a result of an insurance investigation, sometimes these things get filed as a way of resolving issues that happen related to insurance claims,” Jason Roblin said.

He said the insurance companies will likely be the ones sorting things out.

A lawyer for the plaintiff, Michael G. Finlayson, didn’t respond to a voicemail requesting comment. A lawyer for D&B Sprinklers, Kelly Dickson, also didn’t return a message left Tuesday morning.

» alambert@brandonsun.com