Penticton's Okanagan Extreme Home Builders being sued for nearly $180K in allegedly unpaid bills

Photo: Casey Richardson

A Penticton-based construction company has had multiple civil lawsuits filed against them this past week by local businesses, claiming nearly $180K in allegedly unpaid bills from construction materials and labour completed.

The lawsuits, filed in B.C. Supreme Court in Penticton by Pro Builders Supply Ltd. (doing business as the Penticton Home Hardware Building Centre) and by Ed's Masonry Ltd., are targeted at Jason Stutzke and his business, Okanagan Extreme Home Builders.

Pro Builders Supply Ltd. filed three separate suits against Stutzke, which included naming the owners of the land he allegedly worked on, seeking money owed.

The lawsuits claim that previous agreements stipulated that Pro Builders Supply would be supplying Stutzke with construction materials, which was due upon receipt of a monthly statement and that a service charge of two per cent per month or 26.82 per cent per annum, would apply to any amount not paid.

For Lot 16 at the District Lot 2710 Similkameen Yale Division, Pro Builders Supply alleged that as of Jan. 5, 2024, they were owed $66,201.77, including interest on the construction materials supplied to Okanagan Extreme Home Builders.

For Lot 13 at the District Lot 2710 Similkameen Yale Division, they alleged they are owed $72,398.27, including interest and for Lot B at the District Lot 207 Similkameen Yale Division they alleged they are owed $28,097.50 from Stutzke.

All three claims state that despite demands and prior agreements to unconditionally guarantee payments, Stutzke and Okanagan Extreme Home Builders have refused to pay.

Further, they alleged that the construction improvements have all been not completed or abandoned throughout 2023.

Under the provisions of the builder lien act to retain a holdback, Pro Builders Supply Ltd. has caused a claim of lien to be filed in the Kamloops Land Title Office for all three properties, which means the company would have the right to keep possession of property belonging to another person until a debt owed by that person is discharged.

"The defendant, have appropriated or converted all or part of the trust to use not authorized by the trust for their own benefit and use," the lawsuit claims

In the fourth lawsuit, filed by Ed's Masonry Ltd., they claim Stutzke and Okanagan Extreme Home Builders have a balance owning on an account for labour and materials for masonry work done in Penticton.

They claim that Stutzke, as the general contractor, hired them to work on a residential building constructed on a property located at Lot 13, Fawn Court, known as the Ridge Development.

Ed's Masonry Ltd is seeking $10,000 for labour and material allegedly provided in their first invoice from January 2023 and $18,00 from their second invoice from April 2023 for work allegedly completed during that time period. With fees, they are seeking $12,056.80.

In total, Stutzke and Okanagan Extreme Home Builders allegedly owe roughly $178,754.34

Castanet contacted Stutzke for comment on the lawsuits. He stated he has no comment at this time.

None of the allegations in the lawsuit have been proven in court, and all named parties have a right to respond with countersuits should they choose to do so.