A residential home builder commenced an action to recover unpaid amounts under a construction contract and enforce a construction lien.
The homeowners argued that the governing contract price was an earlier quotation and that omitted items generated credits reducing the contract value, and they counterclaimed for deficiencies.
The court found that the binding agreement was the written contract executed by the homeowners after construction commenced, setting the contract price at $725,000 inclusive of GST.
The court rejected the homeowners’ interpretation that “omit” items created credits and held there was no documentary evidence supporting such a claim.
The construction lien was also found to have been registered within the statutory 45‑day period under the Construction Lien Act.
Judgment was granted to the builder subject to a modest deduction for proven deficiencies.
