CONTRACTS - Building contracts - Breach - By owner - Wrongful termination

Law360 Canada (April 27, 2023, 6:19 AM EDT) -- Claims by Benoit Construction Inc. (Benoit) for damages for breach of contract against the Defendant, Hard at Work Inc. (HAW). The claim was related to work and services provided for the framing and construction of a luxury residential home project located in King City, Ontario (the property). Benoit was a family run framing/construction business. Andre Benoit (Andre) was the President of Benoit and the primary carpenter, trainer and supervisor of the company. He had been a carpenter for 35 years. He was trained by his father who was a carpenter for 60 years. Benoit sought payment in the amount of $135,199 related to a Revised Customer Contract dated December 12, 2017 (the Contract), and related subsequent verbal agreement for the rental of a telehandler (Verbal Agreement). HAW submitted that Benoit was owed $30,963 because of the unpaid balance from the March invoice and the holdback and conceded this amount was due but denied that Benoit was entitled to any other amount claimed. HAW further submitted that the Contract was properly terminated due to shoddy workmanship and deficiencies which required HAW to hire another contractor to correct the deficiencies and complete the project....
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