Contractor Fails to Complete Deck on Time, Ordered Partial Refund
📌 In brief
A homeowner hired a contractor to build a new deck but terminated the agreement after the contractor failed to complete the work on time. The tribunal ordered a partial refund of $5,000 from the initial $6,000 deposit.
⚖️ Legal holding
A contractor must complete work within the agreed timeframe or risk termination and refund.
📚 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 respondent failed to complete the deck project in a timely manner as requested by the applicant.
- The respondent did not provide any proof of purchasing necessary materials for the remaining work.
- The applicant's assessment of the value of the respondent's completed work as $1,000 is considered reasonable by the court.
- The applicant lost confidence in the respondent's ability to complete the work, leading to the termination of the agreement.
❌ Tends to be rejected
- The respondent claimed the project was 60% to 70% complete, but this was not supported by sufficient evidence.
- The respondent argued that he was unable to work due to sickness, but the court found this inconsistent with his text messages indicating poor health rather than weather conditions.
- The respondent suggested that the applicant improperly cancelled the agreement, but the court ruled in favor of the applicant based on the breach of contract.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What was the dispute about?
The dispute was about a contractor's failure to complete a deck project on time, leading to a request for a refund.
How did the court decide, and why?
The court decided in favour of the homeowner, finding that the contractor breached the agreement by failing to complete the work on time.
Which laws or rules were applied?
No specific laws or rules were applied; the decision was based on the terms of the agreement between the parties.
What was the argument that mattered most?
The most critical argument was the homeowner's claim that the contractor failed to complete the work on time, justifying the termination of the agreement.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, the homeowner.
What does this mean for someone in a similar situation?
If a contractor fails to complete a job on time, the client may be entitled to a partial refund of the deposit.
What evidence or documents mattered?
Text messages and photos of the partially completed deck were crucial pieces of evidence.