Homeowners sued a construction manager for breach of contract and negligence arising from defects in the construction of a custom waterfront home.
The court considered whether the builder failed to perform work in a good and workmanlike manner, focusing on water infiltration due to improper siding, masonry, flashing, and air‑barrier installation, as well as drywall and interior trim deficiencies.
Expert evidence established multiple violations of the Ontario Building Code and improper installation practices that compromised the rain‑screen system and voided the siding manufacturer’s warranty.
Claims relating to the deck and fascia were not proven, but the court accepted evidence that exterior wall systems, drywall, and portions of interior trim were defective.
Damages were awarded based largely on the plaintiff’s engineering expert’s remediation estimate, and the court rejected the defendant’s argument that damages should be reduced for betterment due to the plaintiffs’ years of use of the home.
