Is a builder entitled to recover from a builder who has performed the work in accordance with the contract?
British Columbia, Canada
The following excerpt is from Lind v. Storey, 2021 BCPC 2 (CanLII):
In Hutchinson v. Mathias it was said at p. 453: The law seems clear that in a contract of this sort where the builder has substantially complied with the contract, that is, where all the work to be done has been doe, but where it has been done negligently or in an improper manner, the builder is entitled to recover with deductions necessary to complete the work as specified in the contract.
"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 builder entitled to recover from a builder who has failed to complete the project on schedule? (British Columbia, Canada)
Is a builder entitled to recover from a builder who has failed to complete the work on time? (British Columbia, Canada)
Does the fact that there is no provision that considers the respondent’s failure to perform his obligations in breach of contract preclude the applicant from seeking damages for non-performance of the contract? (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)
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 a vendor who is late in signing a contract with a third party who has been late in entering into the contract, take advantage of the other party's performance? (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)
Is a plaintiff entitled to specific performance of the contract for the sale of the tractor-trailer? (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 it fatal to a specific performance claim for specific performance that the contracting party, and sole named plaintiff, cannot and does not provide any evidence that touches on the reasons why the property is unique to her? (British Columbia, Canada)
