The plaintiff contractor brought a construction lien action against the defendant owner for unpaid renovation work on a commercial condominium unit.
The parties disputed seven claims for extra work and a 10% discount clause for delay inserted by the owner.
The court found that the extra work was outside the scope of the contract and implicitly authorized, awarding the plaintiff $5,755.09 for the extras.
The court also held that the 10% discount clause was an unenforceable penalty, as it was not a genuine pre-estimate of damages, and dismissed the owner's claim for delay damages.
Judgment was granted in favour of the plaintiff for $12,535.09.
