The appellant general contractor appealed the trial judge's assessment of damages for construction deficiencies and delays in building a commercial office building.
The trial judge awarded $1.7 million for diminution in value due to floor slab deficiencies and $770,000 for lost rental income from prospective tenants due to a five-month construction delay.
The Court of Appeal upheld the $1.7 million award, finding the owner did not fail to mitigate its damages.
However, the Court allowed the appeal regarding the delay damages for prospective tenants, finding the $770,000 assessment was not supported by the evidence, and reduced that portion of the award to $65,000.
