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Jessco Structural Ltd v. Gottardo Construction Ltd. 2016 Ont Div Ct

The Divisional Court, on a 2-1 split, upheld the motions judge who decided that oral instructions were not sufficient to comply with the contract and the general had not waived the contractual provisions. Therefore, regardless that the superintendent had signed the purchase order/timesheet and that the subcontractor had done the work, the general did not have to pay the subcontractor. There was a strong dissent holding that the general had waived the contractual provisions because it had issued prior change orders under similar circumstances.

Written by Jonathan Speigel Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.