A man from Kelowna has filed a notice of civil claim in the provincial small claims court against Stober Construction, over claims his car was damaged by concrete that had been poured on it. 

The claimant, Samuel Burghardt, alleges that he was not notified that a concrete pour was to be done in the parkade at 1720 Richter Street, where his vehicle was parked in a spot he pays for. Despite the fact that other tenants were alerted to move their vehicle by text, Burghardt claims to have been unaware that his vehicle was supposed to be moved. 

After work on July 11, he came out to find that concrete had been poured all over his "fully restored, heavily modified, vintage BMW." Burghardt alleges that workers had not properly filled the holes in the concrete sealing slabs, allowing the concrete to drip through onto his vehicle. 

After noticing the damage he was placed in contact with the construction project manager.  Burghardt was allegedly told on multiple occasions that Stober Construction would cover the costs of his vehicle's repair. 

The claim says the Stober Construction project manager understood the extent of the damage to the paint, wheels and weather seals of his previously "show-room condition" vehicle. 

When Burghardt took his vehicle to get an estimate for repairs from ICBC, he was quoted $30,826 to return his car to its original quality.

After some back and forth, according to the lawsuit, Stober construction accepted fault and passed the issue along to their insurance provider, who asked that an appraiser of its choosing assess the vehicle. 

Burghardt alleges that more than 10 weeks has passed since the appraisal was conducted and he has not received an answer or a timeline for the restoration of his vehicle. 

He is now requesting a total of $35,050 to restore his vehicle to the condition it was in before the concrete incident and for compensation for the court fees, his time and the inconvenience of the situation that has been ongoing since July.

The owner of the parkade is not named in the claim, and no reply has been filed by Stober. The claims have not been tested in court.