Is there an implied warranty in all contracts for work and labour?
British Columbia, Canada
The following excerpt is from Klondike Contracting Corporation v. Abadian, 2021 BCPC 145 (CanLII):
The decision Lind v. Storey, 2021 BCPC 2, states that there is an implied warranty in all contracts for work and labour that the contractor will carry out work in a good and competent manner: see the discussion starting at paragraph 83 of that decision.
Where deficiencies exist, a contractor has a right to remedy the deficiencies and an owner has an obligation to permit the contractor an opportunity to make repairs. This principle is set out starting at paragraph 88 of the Lind v. Storey decision, which reads:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a contract enforceable if the contract contains no representations, warranties, guarantees or promises other than those set out in this contract? (British Columbia, Canada)
Can a seller exclude an implied warranty through a contract term? (British Columbia, Canada)
Is an employment contract valid when the substratum of the employment contract has been eroded so that the contract does not need to be substantially eroded? (British Columbia, Canada)
Can an implied term in a commercial contract be implied? (British Columbia, Canada)
What is the test for the construction of a contract where a clause in the contract states that a condition fundamental to the agreement must be met before the contract can be signed? (British Columbia, Canada)
What is the implied warranty of fitness, merchantability and durability in a commercial contract of purchase? (British Columbia, Canada)
What is the test for determining whether a contract is enforceable in circumstances where the contract states that a particular law will govern the contract? (British Columbia, Canada)
What is the range of damages for damages for breach of a contract where the contract price of a parcel of land was significantly lower than the value of the land at the time the contract was signed? (British Columbia, Canada)
Is overtime entitlement implied as an implied term on a contract? (British Columbia, Canada)
What is the test for repaying a contract where a party has been found to have committed a breach of the contract? (British Columbia, Canada)
