The plaintiff contractor brought a construction lien action for unpaid invoices relating to the installation of epoxy flooring at a commercial property.
The defendant owner counterclaimed for the cost of replacing the floor, alleging the contractor installed the wrong product and left deficiencies.
The court found that the owner fundamentally breached the contract by unilaterally ordering a stop to the work and hiring a replacement contractor without giving the plaintiff an opportunity to correct deficiencies.
Although the plaintiff had installed an unspecified, inferior epoxy product, this breach was rendered immaterial by the owner's prior repudiation.
The court awarded the plaintiff its unpaid invoices and extras, subject to a quantum meruit set-off for the cost difference between the specified and installed epoxy products.
The owner's counterclaim was dismissed.
