In a construction contract where portions of the completed work are defective, what is the test for assessing damages?
British Columbia, Canada
The following excerpt is from Alex Gair & Sons Ltd. v. Lepinski, 1998 CanLII 6704 (BC SC):
In Samuel v. Peric, (1992), unreported, (B.C.S.C.) Vancouver Registry No. F892019, Holmes, J. confronted evidentiary problems in assessing damages for a claim relating to an incomplete building contract where portions of the completed work were defective. He said near the conclusion of his judgment: The plaintiffs have plainly suffered a loss, and the imprecision on the evidence ought not to prevent an assessment being made.
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