Sanjay Verma

The plaintiff homeowner sued the defendant contractor for breach of contract and unjust enrichment arising from a home renovation project, seeking damages for incomplete and deficient work.

The defendant counterclaimed for unpaid extra work.

The court found that the parties had a binding fixed-price contract for the initial scope of work and that the plaintiff had authorized specific extras.

The court concluded the plaintiff underpaid the defendant by $7,220.50 for the authorized extras, but also found the defendant liable for $10,731.46 in construction deficiencies.

Both the claim and counterclaim were allowed in part.

This case involved a construction dispute where the plaintiff, Save On Contracting, claimed construction liens and damages against the defendant property owners.

The defendants counterclaimed for costs to complete and correct deficiencies, alleging Save On repudiated the contract.

The court analyzed the contract's interpretation regarding Tarion warranty security, whether one of the defendants was a "builder" under the Ontario New Home Warranties Plan Act, and whether Save On fundamentally breached the contract.

The court found that Save On repudiated the contract by making groundless payment demands and abandoning the site.

Consequently, Save On's claims were dismissed, and the defendants were awarded damages for the costs of completing the work and correcting deficiencies.