Is a builder entitled to recover from a builder who has failed to complete the work on time?
British Columbia, Canada
The following excerpt is from Commercial Electronics Ltd. v. Savics, 2011 BCSC 1275 (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 done, 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.
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