VANCOUVER - Vancouver Community College (“VCC”) filed action against Mark Brand Inc. (“Brand”) on September 11, 2015 in B.C. Supreme Court to enforce the terms of a written contract for the construction by Brand of a kitchen facility located in the Save on Meats store on Hastings Street. Pursuant to the contract, VCC advanced $300,000 to Brand and a further $100,000 was provided by the City of Vancouver. The kitchen facility was to be used to train VCC students and also to serve community needs by, among other things, making the facility available to non-profit and community food production groups.
The contract provided that Brand would oversee the renovations, ensure the required equipment was purchased, provide a full accounting of how the VCC funds were spent, maintain a separate bank account, provide financial statements and ensure that the landlord had no claim to the equipment that was purchased with VCC funds. Although Brand constructed a kitchen, he has failed despite repeated demands to provide an accounting for the use of VCC’s funds, the kitchen is missing significant pieces of equipment, Brand has failed to open a separate bank account, it has refused to provide financial statements, and has a lease in which all of the kitchen equipment is subject to seizure by the landlord.
VCC was compelled to bring its action after repeated failure by Brand to live up to its obligations and after giving notice to Brand that a lawsuit would be forthcoming if it did not live up to its contractual obligations. VCC has made a significant investment in the kitchen and has a responsibility to ensure that its funds are properly accounted for and that its contractors live up to their obligations.
Media can contact:
Interim Director, Marketing and Communications
Vancouver Community College
T: 604.871.7000, ext. 7429