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Facts:
Cold Front Industries Ltd. and Faucet Plumbing & Heating Ltd. entered into a contract for the installation of ductless heat pumps at the Junction Project and the Brechin Project. The contract was valued at $287,550 plus GST for the Junction Project. Cold Front claimed $57,613.50 for completed work, while Faucet Plumbing acknowledged $38,186 but argued for a set-off of $30,831.15 due to alleged deficiencies and abandonment.
Legal Issues:
Entitlement to Payment: Whether Cold Front proved entitlement to the progress draw invoiced on August 23, 2023.
Set-Off for Deficiencies: Whether Faucet Plumbing proved its claim for set-off related to alleged deficiencies.
Breach of Contract: Whether Cold Front abandoned the project and breached the contract.
Court Findings:
The court found that Cold Front did not present clear, convincing evidence of progress justifying the invoiced amount. Similarly, Faucet Plumbing failed to substantiate its set-off claim with credible evidence or expert opinions. The contract lacked clear guidelines for progress draws, complicating proof of work completion.
Judgment and Costs:
The court awarded $38,186 plus court-ordered interest to Cold Front Industries Ltd. The counterclaim by Faucet Plumbing was dismissed. Each party was ordered to bear its own costs.
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Plaintiff
Defendant
Court
Supreme Court of British ColumbiaCase Number
S98631Practice Area
Construction lawAmount
$ 38,186Winner
PlaintiffTrial Start Date