Digest: Artistic Masonry & Stucco Ltd. v Whitley, 2018 SKQB 136

• Date: May 01, 2018

Reported as: 2018 SKQB 136

Docket Number: QB17522 , QBG 1472/10 JCR

Court: Court of Queen's Bench

Date: 2018-05-01

Judges:

• Prtichard

Subjects:

• Contract Law � Breach of Contract - Nonpayment

Digest: The plaintiff sued the defendants for the unpaid balance owing to it under a stuccoing contract with them. The defendants counterclaimed for the cost to repair the faulty workmanship. At the conclusion of the trial, the parties agreed that the sum of $36,400 remained unpaid under the total contract price. Although the plaintiff did not object to the defendants claiming some set-off against the amount owing, it disputed: the extent of the deficiencies in the work performed; the extent of the negligent damage caused by the subcontractor to other portions of the defendants� house; and the amount that the defendants should reasonably be allowed to set off against the balance owing.
HELD: The plaintiff was...