Stephenville Dymond airport sued for $2.4M over unpaid runway lighting bill
CBC
The company that installed a new runway lighting system is suing Stephenville Dymond International Airport for $2.4 million plus interest and costs.
Tristar Electric filed a statement of claim at Newfoundland and Labrador Supreme Court in late July — two months after the company slapped a lien on the airport property, claiming it hadn't been paid for all of its work there.
In court filings, Tristar says it entered into an agreement with the Stephenville Airport Corporation in October 2022 "to perform rehabilitation work on airfield lighting fixtures, cabling, and power sources and the airfield lighting control system."
At the time, the non-profit SAC owned the airport and had been in talks for more than a year to sell it to Ottawa-area businessman Carl Dymond. That transaction ultimately closed in August 2023.
In its statement of claim, Tristar says Dymond's numbered company — 15132738 Canada Inc. — agreed to assume the SAC's liabilities when it bought the airport.
Tristar says it sent more than a half-dozen invoices from December 2022 through May of this year.
Those invoices, Tristar says, were reviewed and validated by a consultant that served as "payment certifier" for the work, which is now substantially completed.
"Notwithstanding the issuance of invoices, their certification for payment by Avia NG Inc. and repeated requests by Tristar for payment, 15132738 has not provided full payment to Tristar for the work performed on the airport lands, thereby breaching the agreement," the statement of claim says.
None of Tristar's claims have been tested in court. The company did not reply to a request for comment.
As of Wednesday morning, no statement of defence had been filed at Supreme Court.
In an email to CBC News late Wednesday, airport owner Carl Dymond did not directly address the lawsuit but said work has been underway to "resolve outstanding matters."
When asked more than a month ago about the $2.4-million lien, Dymond told CBC News the issue was on its way to being resolved.
"We think that's going to be lifted in the next couple of days," Dymond said in mid-July. "We've developed a payment plan with Tristar."
Days later, Tristar filed its statement of claim at Supreme Court.
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