When a contractor provides additional construction work not contemplated by the contract is completed at the request of the owner?
Ontario, Canada
The following excerpt is from Jessco Structural Limited v Gottardo Construction Limited, 2016 ONSC 2189 (CanLII):
Taken together, the courts in Ontario have been clear that when additional construction work not contemplated by the contract is completed at the request of the owner, (or in this case the contractor) the party providing the additional work should be paid, as the party requesting the extra work would reasonably expect to pay for it. Requesting this extra work outside the contract is waiver by conduct. The cost for the additional work must be reasonable in the context of the construction project: see Deminico v. Earls, [1945] O.W.N. 375 (H.C.).
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