
Karwood Contracting fires back in lawsuit, alleges harassment by frustrated homeowner
CBC
A Paradise home-building company is firing back at a resident's lawsuit, claiming it hasn't breached a contract despite the work at the heart of the dispute going undone.
In a statement of reply filed on Nov. 14 with small claims court by lawyer Darren O'Keefe, Karwood Contracting said it hasn't breached the contract, doesn't owe the resident any money and challenges the resident to prove his case.
The dispute stems from a duplex-lined cul-de-sac in the Karwood Estates neighbourhood where there are gravel pits for front yards and driveways.
Earlier this month, Thomas O'Brien filed a claim in small claims court, alleging that Karwood Contracting failed to complete work at his home. O'Brien has a contract signed by company vice-president Randy Oram — and reviewed by CBC News — for a paved driveway and landscaped yard that were supposed to be completed by June 2023.
O'Brien has spoken with CBC News several times in the past few months to voice his frustrations with work going undone and the lack of communication from Karwood Contracting— something the company is taking issue with in its statement.
"The plaintiff has not only contacted media outlets but has made unfounded allegations and misrepresentations about Karwood and the defendant will take necessary steps to remedy the same," stated Karwood Contracting in its reply.
The company also said the work at O'Brien's home is subject to the Town of Paradise's approval and the company is working on it.
"This is ordinary course building activity, and this has been communicated to the plaintiff. Notwithstanding this communication, the plaintiff has effectively continued to harass the defendant to speed up the completion of the outstanding work in its subdivision, which as noted, is subject to approval [from the] the Town of Paradise."
Karwood, which is asking the court to dismiss the claim with costs, argues there is no basis for the $5,525 that O'Brien is asking for.
"The defendant submits that none of the alleged acts or omissions amount to breach of contract," it reads.
CBC News asked O'Keefe for comment to explain what steps he planned to take against O'Brien for comments he made to the media as well as clarification around the contract. O'Keefe did not respond.
In a statement to CBC News in October, Karwood Contracting president Greg Hussey blamed the town of Paradise for delays in the neighbourhood, saying it took staff more than two months to respond to his pre-inspection request only to tell him that it wasn't required for construction.
"We are now unfortunately into a time of the year with conflicting crew schedules, holidays and our nice flu season, which affects the days available to work on this project," Hussey wrote in an email.
However, Paradise communications manager Diane Keough said Karwood Contracting already has permission to pave driveways and landscape yards because it's part of the permit agreement.













