The plaintiff contractor sued the defendant homeowners for unpaid invoices totaling approximately $35,000 relating to a new home build.
The parties had an oral "time and materials" contract.
The defendants counterclaimed, alleging overcharges for labour, improper 15% mark-ups on materials and subcontractors, and damages for deficient work.
The court found the agreed labour rate was $60/hour for the primary carpenters and $40/hour for general labourers.
The court disallowed the 15% mark-up on materials as it was not an express or implied term, but allowed the mark-up on most subcontractors on a quantum meruit basis.
The defendants' counterclaim for deficiencies was dismissed for lack of proof.
The plaintiff was granted judgment subject to set-offs for the disallowed mark-ups, and a declaration for a construction lien.
