A contractor brought an action under the Construction Lien Act seeking payment for labour and materials supplied during residential renovation work.
The homeowner denied liability, alleging incomplete and deficient work and counterclaimed for overpayment and repair costs.
After reviewing conflicting evidence regarding the percentage of project completion and the quality of workmanship, the court found the project was approximately 40% complete and that the contractor had incurred material expenses on the homeowner’s behalf.
Although some deficiencies were established, most alleged defects reflected higher construction standards than those contemplated by the parties’ low-cost arrangement.
Judgment was granted for the contractor for the unpaid value of labour and materials less modest deductions for proven deficiencies.
