What is the test for a contractor to prove that his work is in good condition?
Newfoundland and Labrador, Canada
The following excerpt is from Triple A Investments Ltd v Adams Brothers Ltd, 1985 CanLII 1870 (NL CA):
The principle to be applied in cases of this nature was succinctly stated by Archibald, J., in Chevalier v. Thompkins, 48 Que S.C. 53 at p. 55: “A contractor who undertakes work which requires to be placed upon foundations or other works furnished by the proprietor, cannot excuse himself from the obligation to deliver his work to the proprietor in good condition by saying that the bad condition of his work was caused by the bad condition of works of other contractors upon which his work had to be placed.”
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