The plaintiff drywall contractor brought a construction lien action against the defendant owner/developer for the unpaid balance of a contract for a residential condominium project.
The defendant claimed set-off for allegedly incomplete and deficient work, and argued the lien was registered out of time.
The court interpreted the contract in favour of the plaintiff regarding the scope of work for corridor ceilings, balcony ceilings, and bathtub walls.
The court found only minor deficiencies, allowing a $3,000 set-off against the plaintiff's claim.
The court also held that the construction lien was registered within the 45-day statutory period and was valid.
Judgment was granted to the plaintiff for $140,946.44.
