Fabio M. Soccol

This addendum to a January 2022 judgment corrects calculation errors in the original judgment regarding a construction lien claim.

Specifically, the contract price for Boston Pizza was corrected, and two agreed-upon chargebacks were included, changing the judgment amount for Green View Heating & Cooling Inc. to $57,771.41 for that portion of the claim.

The addendum also addresses the matter of costs, awarding the plaintiff $57,000.00 on a partial indemnity basis, apportioned between the Homewood and Boston Pizza claims.

The plaintiff subcontractor brought two actions against the defendant general contractor for unpaid invoices relating to HVAC duct work on two construction projects (a Homewood hotel and a Boston Pizza restaurant).

The parties had oral agreements based on construction drawings but disputed the scope of work, extras, and back charges.

The court assessed the value of the work completed, allowed certain extras, and deducted amounts for incomplete work, back charges, and damages caused by the plaintiff.

The plaintiff was awarded a total of $107,206.41 across both projects, plus $57,000 in partial indemnity costs.

Vipond Inc. successfully moved for summary judgment and subsequently sought costs and interest.

The court determined that Bondfield Construction Company Limited and Fortis Electric Ltd. were jointly liable for partial indemnity non-motion costs, with Bondfield solely liable for substantial indemnity motion costs due to its unreasonable conduct and failure to accept a reasonable settlement offer.

The court also awarded prejudgment interest at the Courts of Justice Act rate of 0.8% and post-judgment interest at 3%, rejecting higher contractual rates due to lack of evidence.