An electrical subcontractor brought an action to recover unpaid amounts for work performed under two construction contracts relating to electrical installations at a commercial property.
The contractor alleged deficiencies, incomplete work, and counterclaimed for costs incurred to complete or repair the work after removing the subcontractor from the site.
The court determined the scope of the main contract and a separate office/showroom contract, finding that the subcontractor had substantially completed its contractual obligations and that additional work performed after a fire constituted a compensable extra.
The contractor’s refusal to pay progress draws and order removing the subcontractor from the site constituted a breach and a failure to mitigate damages.
Judgment was granted for the subcontractor and the contractor’s counterclaim was dismissed.