The plaintiff contractor brought an action to enforce a construction lien of $14,091.10 for the renovation of a roastery café.
The defendant owner counterclaimed for $386,047.87, alleging overcharging, delay, deficiencies, and flood damage.
The court found the contract was a cost-plus contract, not a fixed-price contract.
The contractor failed to meet its heavy evidentiary burden to prove its actual costs, resulting in an overpayment finding of $182,825.55 in favour of the owner.
The court dismissed the owner's claims for delay and deficiencies but found the contractor partially liable for flood damage in the amount of $1,300.
The contractor's lien was discharged, its action dismissed, and the owner was awarded $184,125.55 on its counterclaim.
