The plaintiff, a general contractor, sought payment for construction work performed for the defendant, Great Lakes Food Company, based on unjust enrichment and quantum meruit.
The defendant counterclaimed for damages due to delay and deficiencies.
The court found that delays were primarily due to the defendant's poor planning and CFIA licensing issues, not the plaintiff.
The court allowed the plaintiff's claim for extras at a reasonable "shop rate" but disallowed overtime and reduced the trailer damage claim.
The defendant's claims for deficiencies in Room D were dismissed, but a credit was allowed for drain covers in Room H. The defendant's counterclaim for damages under the Construction Lien Act for an exaggerated lien was dismissed due to lack of proven damages.
The court found the defendant wrongfully terminated the contract.
Judgment was awarded to the plaintiff for $87,244 plus interest.
