The plaintiff general contractor brought an action against a roofing contractor and its principals for breach of contract and negligence arising from the installation of a flat roof on a Toronto property.
Expert evidence established that the roof installation failed to comply with manufacturer guidelines and industry standards, lacked a required cover board, and allowed water infiltration into the building.
The defendants alleged that the document signed was merely an estimate and that subsequent leakage resulted from design changes and damage caused by other contractors.
The court found a binding contract existed and accepted expert evidence that the roof was improperly installed and in a failed condition.
Damages were awarded for roof replacement, interim repairs, crane costs, and documented cleanup expenses.