Contractors Must Perform Their Work with Reasonable Care and Skill.

Cases in Construction Law: Shiridokht v. Ilic

Contractors must perform their work with reasonable care and skill.

Holding: There is an implied term in construction contracts that the work will be performed with reasonable care and skill and, at a minimum, will comply with the applicable building code. However, where it was a matter of deficiency in appearance, the requirement for the appearance must be stated in a written contract in order to be enforced.

Summary: Homeowners in Port Coquitlam, BC, hired a contractor to do renovations on their home. The contractor's work was found to be deficient, and the contractor was held liable for the non-aesthetic deficiencies.

Court History: The contractor sued the homeowners for payment of the balance of the contract and filed a claim of builder’s lien against their property. The homeowners counterclaimed for the amount to remedy the deficiencies. The contractor withdrew his original claim. The counterclaim for the deficiencies is before this court.

Facts before the Court: The contractor provided a quote and started the work in August of 2020. The contractor did not obtain a building permit and did not inform the homeowners of the same. The relationship started to deteriorate after the contractor a glass door broken because “some wood jumped”. After the dispute over deficiencies in the work reached an impasse, and the contractor demanded an installment payment that the homeowners did not make, the contractor then reported the homeowners to the city for doing work without a building permit. The contractor collected his tools and materials that day and left the work site. The city ordered the homeowners to stop the work. The homeowners acquired three inspections to assess the deficiencies and then paid a new contractor over $22,500 to correct the alleged deficiencies.

Analysis by the Court: If not otherwise agreed by contract, then the construction work must be done with reasonable care and skill, and at minimum, comply with the applicable building code. Reports by engineers provided evidence that the work done was not structurally sound and required replacement. The contractor is liable for those costs. However, where work was done that was not aesthetically pleasing, this was not sufficient to meet the threshold of performance of the work with reasonable care and skill, and thus the court would not award compensation for this specific work.

Damages: The homeowners were awarded over $18,600 in damages, and for the costs of filing the counterclaim.  

Sources:
Shiridokht v. Ilic, 2023 BCPC 81 (CanLII), <https://canlii.ca/t/jwx5g>, retrieved on 2024-07-19
citing:
Parker v. Robinson, 2014 BCPC 237 (CanLII), <https://canlii.ca/t/gf0s7>, retrievedon 2024-07-19

G. Ford Homes Ltd. v. Draft Masonry (York) Co. Ltd., 1983CanLII 1719 (ON CA), <https://canlii.ca/t/g1f5x>,retrieved on 2024-07-19
Out West Windows v. Tilley, 2014 BCPC 296 (CanLII), <https://canlii.ca/t/gflh7>, retrievedon 2024-07-19

‍