The plaintiff contractor was previously found liable by summary judgment for breach of contract and negligence regarding deficient basement waterproofing and property damage, including severing a main hydro line.
In this trial of an issue to assess damages on the defendants' counterclaim, the court rejected the plaintiff's argument for a diminution in value approach, applying the cost of repair.
The court assessed damages for the return of the initial payment, electrical repairs, living expenses, landscaping, and exterior cladding replacement, awarding the defendants $167,201.62.