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A Surrey pool builder who agreed to construct an in-ground pool for a North Vancouver homeowner last fall is facing a lawsuit for breach of contract and refund of the fees paid.
John Sulentich, operating as Maui Pools Ltd., was contracted for the job and began work on the pool frame before disappearing, as per the lawsuit filed in B.C. Supreme Court.
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“Sulentich has not returned to the property or continued any work since Sept. 29, 2023,” according to the lawsuit filed by homeowner Lee Nystrom, a North Vancouver businessman.
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Nystrom mentioned in the lawsuit that he had sent two bank drafts to Sulentich, one on Sept. 1, 2023, for $36,115 and another on Sept. 29, 2023, for $27,680. The remaining amount was supposed to be paid upon completion, but Sulentich failed to complete the project, breaching the contract.
Nystrom had to hire a new contractor to finish the job for $50,000. Despite demanding repayment of the $63,795 paid, he received no response.
Two months after work began, Nystrom received a message from someone claiming to be Sulentich’s brother, stating that Sulentich was ill and in the hospital. The brother later claimed that Sulentich had passed away.
In January, Nystrom discovered that Sulentich was not deceased and confronted him at a Surrey company where he was working. Sulentich refused to return the money.
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Nystrom is suing Sulentich for $113,795, the amount of the breached contract plus the $50,000 paid to the second contractor. Sulentich denies the allegations.
The claims are pending court confirmation.
When contacted, Sulentich mentioned that he has evidence of his work but denied building the pool under Maui Pools. He has not received the claim and declined to comment further.
The lawsuit states that Maui Pools was dissolved in 2011, years before the contract was signed.
B.C.’s business registry shows Maui Pools was registered in 2008 and notified of dissolution in 2011.
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