David Hellyer

The plaintiff contractor sued the defendant homeowners for unpaid amounts on a home renovation project.

The defendants counterclaimed for damages due to construction deficiencies, failure to follow design, delay, and fraudulent misrepresentation by the contractor's principal.

The court found that the contract was a fixed-price agreement and disallowed many of the contractor's claims for extras.

The court awarded damages to the homeowners for the contractor's failure to follow the agreed-upon design, delay costs, and structural repairs.

Furthermore, the court pierced the corporate veil, finding the contractor's principal personally liable for fraudulent misrepresentations that induced the homeowners to enter into the contract.

Judgment was issued in favour of the homeowners for $42,832.

A contractor sued a homeowner for the unpaid balance on a residential renovation contract, while the homeowner counterclaimed for disputed extras, incomplete work, and deficient workmanship.

The court, on a Rule 54 reference, held that the parties had agreed to progress payments tied to the value of work completed and that the homeowner fundamentally breached the contract by refusing any further payment and refusing to negotiate a reasonable compromise despite work having substantial value beyond amounts already paid.

The court conducted a detailed item-by-item review of disputed extras and credits, fixed the proper contract-plus-extras amount, and deducted credits for incomplete work and a further allowance for deficiencies.

Judgment was effectively awarded to the contractor for the net balance of $12,267.45 plus pre-judgment interest, with costs reserved and a preliminary view of no costs because of divided success.