Subcontractor performed certain exterior work on property owner’s condominium construction project. Owner complained about various cosmetic defects. Subcontractor remedied certain defects, but others were due to problems with prior construction. Owner was unwilling to pay extra to remedy underlying problems. Owner refused to make final payment to subcontractor. Subcontractor brought action against owner for payment of amount owing. Action allowed. Subcontractor was awarded $39,728.58 as claimed. Subcontractor had performed its contractual obligations, subject to concerns about deficiencies. Subcontractor did not have obligation to take steps to correct deficiencies arising from others’ work. Subcontractor had offered to perform extra work to remedy underlying problems, but owner had refused. After correcting certain other deficiencies, subcontractor’s work was as good as it could have been.
Window & Door Centre Inc. v. Pine Lake Properties Inc. (Mar. 21, 2014, Ont. S.C.J., A.D. Grace J., File No. 8394-12) 239 A.C.W.S. (3d) 79.