The plaintiff contractor brought an action to enforce a construction lien for unpaid invoices related to the installation of windows and doors at the defendants' home and detached garage.
The defendants counterclaimed for breach of contract, negligence, and negligent misrepresentation, alleging the work was defective and incomplete.
The Superior Court of Justice found that the contractor had substantially completed the work and that the defendants fundamentally breached the contracts by refusing to pay the balance owing.
The court dismissed the defendants' counterclaim, finding no negligence or misrepresentation, and awarded the plaintiff $31,579.01 on a quantum meruit basis.