Does a construction contract contain implied terms about the quality of work to be performed?

British Columbia, Canada


The following excerpt is from GAUDET v. Pistrin, 2018 BCCRT 707 (CanLII):

14. Courts have found that construction contracts contain implied terms about the quality of the work to be performed. This is set out in Morgan and Gaiga v. Pacific Coast Floor Covering Inc., 2018 BCPC 236, citing Pavestone v. Kuentzel, 2013 NSSC 199 at paragraph 45: It is well established that "[c]ertain terms are implied in every building contract: materials must be of proper quality, the work must be performed in a good and workmanlike manner, the materials and work, when completed, must be fit for their intended purposes, and the work must be completed without undue delay ….” … courts will imply a term in a construction contract that the work contracted for will be completed in accordance with a certain standard. What the comparative standard is will depend on the nature of the work and the parties' expectations and may include the industry standard, a regulatory body's standards, or other acceptable standards.

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