The plaintiff contractor sued for unpaid invoices relating to the construction of concrete grain silos.
The defendant grain company counterclaimed for damages, alleging construction deficiencies caused water infiltration and grain spoilage.
The court found that the contractor's defective workmanship caused water infiltration in two silos.
The court awarded the defendant damages for repair costs, increased labour, and future repairs, while dismissing claims for spoiled grain due to lack of documentary evidence.
The court also held that the defendant's counterclaim was not statute-barred because the limitation period did not commence while the contractor was actively attempting to repair the defects.
The plaintiff was awarded its unpaid invoices, but the individual defendant was found not personally liable.
