The plaintiff contractor sued the defendant condominium corporation for unpaid invoices totaling $96,622.42 relating to a corridor refurbishment project.
The defendant claimed set-offs for various construction deficiencies, including missing suite numbers, carpet gaps, and defective painting.
The court found the plaintiff breached the contract by unilaterally changing the paint brand and held the plaintiff responsible for the missing suite numbers and carpet gaps.
The court allowed set-offs totaling $35,193.32 and granted judgment to the plaintiff for the remaining balance of $61,429.10 plus prejudgment interest.