The plaintiff, a tree service company, brought construction lien actions against the defendants, a joint venture consortium, for unpaid work and extras related to clearing and grubbing for the Highway 407 East extension project.
The defendants counterclaimed for damages incurred to complete the work after terminating the subcontract due to the plaintiff's non-performance.
The court found that the written subcontract governed and required the plaintiff to clear the entire right-of-way for a lump sum, rejecting the plaintiff's argument that the scope was limited to a smaller area.
The court upheld the defendants' termination of the subcontract for non-performance.
The plaintiff was awarded $177,437.53 for unpaid contract work, holdback, and certain approved extras, while its claims for loss of profit, quantum meruit, and punitive damages were dismissed.
The defendants were awarded $411,244.81 on their counterclaim for the costs of retaining replacement subcontractors.
