The plaintiff subcontractor brought a construction lien action against the defendant general contractor for unpaid contract amounts and extras on a school renovation project.
The defendant argued that no amounts were due under the contract's 'pay when paid' provisions and claimed back-charges for uncompleted work and a PST credit.
The court held that the Construction Lien Act supersedes the contract's payment terms.
The court allowed most of the plaintiff's claims for extras, dismissed the defendant's claim for a PST credit, but allowed the defendant's back-charge for uncompleted brickwork.
The plaintiff was awarded a net judgment of $27,450.95.
