New Generation Woodworking Corp. v. Arviv 2021 Ont SCJ
The owner refused to supply certain materials for the contractor to install. Consequently, the contractor was unable to totally complete the contract. The associate judge stated that paying the contractor and granting access to the contractor to do its work are two critical obligations of owners in construction contracts. The owner refused to do both. Accordingly, the owner, not the contractor, repudiated the contract. The associate judge noted that had the owner’s counterclaim not been struck, the owner would still not have been able to establish his alleged deficiency correction damages because of that repudiation.
Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.