Contractor Entitled to Payment for Substantially Completed Work, Must Compensate for Damage
📖 Technical summary
The claimant is entitled to payment for chimney repair work, but the respondent is also entitled to compensation for damage caused during the repair.
📚 Full judgment
The summary, holding and questions above are VadeLab’s own material. The official decision itself is published by the court, and we do not reproduce it on this page.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The contractor completed the majority of the work as specified in the estimate.
- The contractor did not need to grind sound mortar to a specific depth as it was within their expertise to determine the appropriate depth.
- The contractor is entitled to payment for the additional materials and labor not included in the original estimate.
❌ Tends to be rejected
- The homeowner's claim for a full refund due to alleged substandard workmanship was not supported by credible expert opinion.
- The contractor's work was deemed substantially completed despite minor deficiencies in the repointing depth.
- The contractor did not check if the flue liner was still attached after completing the work, causing the fireplace to become inoperable.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What was the dispute about?
The dispute was about whether the contractor completed the work satisfactorily and whether the homeowner owed payment for the work done.
Which laws or rules were applied?
Civil Resolution Tribunal Act, s. 118 Civil Resolution Tribunal Act, s. 42
What was the argument that mattered most?
The argument that mattered most was the contractor's proof that the work was substantially completed and the homeowner's proof that the work caused damage.
Was the decision for or against the person who brought the case?
The decision was partly for and partly against the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure that the work is completed to a reasonable standard and that any damage caused is compensated.
What evidence or documents mattered?
Photos of the work performed and invoices for the work done were important pieces of evidence.