Background

• Project: Condominium construction at 200 Woodbine Ave., Toronto.
• Parties:
  • LMB: Trade contractor for plumbing, gas, and HVAC work.
  • 200: Property owner and developer.
• Dispute:
  • LMB claimed unpaid amounts, including extras due to design changes.
  • 200 argued LMB was overpaid and asserted set-offs for incomplete/deficient work.
  • LMB registered a lien for $260,134.31, later reduced to $244,611.49.

Court Findings

1. Base Contract Work:

   • LMB’s work was substantially complete except for fixtures in two penthouse units.
   • Court adjusted the claim, valuing LMB’s completed contract work at $1,530,450.

2. Extras & Changes:

   • LMB claimed 232 change invoices; 165 were paid, 67 were not.
   • Court ruled 200 waived strict contract compliance by paying most change invoices.
   • The 165 paid extras were valid, but LMB failed to prove entitlement to the unpaid 67.

3. Lien Timeliness & Abandonment:

   • LMB abandoned the contract before registering its lien, exceeding the 45-day limit.
   • Lien declared expired, and lien bond returned to 200.

4. Breach of Contract:

   • LMB breached by wrongfully suspending work, but still earned compensation.

5. Deficiencies & Set-Offs:

   • 200 failed to prove deficiencies or damages, and its counterclaim was dismissed.

Final Judgment

• LMB awarded $172,740.47 for unpaid work.
• Lien expired; 200 entitled to lien bond return.
• 200’s counterclaim dismissed.