June 2005 the Plaintiff Andre Murray as Contractor and the Defendant Betty Rose Danielski as Contractee entered into a Continuing Contractual Agreement for Maintenance and Property Management services of civic address 29-31 Marshall Street, Fredericton, New Brunswick.
Renovations in accordance with the signed Contractual Agreement for Maintenance and Property Management services of civic address 29-31 Marshall Street, Fredericton, New Brunswick signed June 2005 commenced July 2005 at civic address 29 -31 Marshall Street at the expense of Plaintiff Andre Murray.
Plaintiff ANDRE MURRAY did faithfully and according to the terms of the contract pay all costs for the repairing, improving and maintenance of civic address 29-31 Marshall Street, Fredericton, NB beginning July 2005 and continues to this date.
The plaintiff ANDRE MURRAY has not at any time since the beginning of the contract failed to perform as contracted and consequently has performed honourably..
The terms of the contract referred to in paragraph 1 of this Amended Statement of Claim state specifically that on the fourth year of the contract the contractor may request of the beneficial owner BETTY ROSE DANIELSKI to perform the transfer of the title from the name of BETTY ROSE DANIELSKI and into the name ANDRE MURRAY .
Failure of the Defendant BETTY ROSE DANIELSKI to perform transfer of the title, according to terms of contract as previously stated in paragraph 16 of this Amended Statement of Claim, when requested by plaintiff Andre Murray causes all costs and expenses to date, which where to the benefit of BETTY ROSE DANIELSKI and or the estate of BETTY ROSE DANIELSKI and suffered by Andre Murray to become payable retroactive to July, 2005 and immediately due.
Andre Murray under the Mechanics’ Lien Act claims $80,000 a lien upon the estate of Betty Rose Danielski of civic address 29-31 Marshall Street, Fredericton, County of York and Province of New Brunswick. Registered in the York County registry Office, New Brunswick, April 16 2009, # 27035311
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