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| Sheds Manor Holdings Ltd. vs. Dale Mann Ltd. |
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Between
Sheds Manor Holdings Ltd., plaintiff, and
Dale Mann Ltd., Dale Mann and Tony Britskey, defendants |
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[1995] O.J. No. 3465
Court File No. 92-CQ-18094 |
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Ontario Court of Justice (General Division)
Conant J. |
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Heard: September 6-8, 11-14, 18-19 and 27, 1995.
Judgment: November 16, 1995.
(23 pp.) |
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M. Boussidan and S. Stoyan, for the plaintiff.
R. Row and M. Goldberg, for the defendants, Dale Mann Ltd. and Dale Mann. |
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| Building contracts — Liability of builder — Defective workmanship or design — Duty to owner — General contractor, implied warranty of fitness of subordinate work — Duty to supervise performance by subcontractor. |
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| This was an action for damages arising from a roofing contract. The plaintiff claimed that the roof was faulty because of poor workmanship by a subcontractor. The claims against the subcontractor had been resolved. This was the trial of the claim against the contractor. The plaintiff argued the contractor bore responsibility because no substantial performance certificate was issued and the contract's limitation periods had not begun to run. The contractor relied on the contract's limited warranty provisions. |
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| Held, The general contractor was liable but its personal principal was not. |
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| Damages were assessed at $125,617.55 covering replacement costs for three of the four buildings in respect of which costs were claimed. The fourth had not yet been repaired. The court found there had been no betterment and made no allowance for it. |
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 Download PDF of full case |
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