What is the test for damages for failing to provide a reasonable opportunity to correct deficiencies in a contractor's work?
British Columbia, Canada
The following excerpt is from Klondike Contracting Corporation v. Abadian, 2021 BCPC 145 (CanLII):
If an owner fails to provide the contractor with a reasonable opportunity to correct the deficiencies in its work, which do not constitute a fundamental breach of the contract and where there is no urgency, the owner is not entitled to claim damages based on his or her cost to have the deficiencies repaired by a third party contractor: Rocksolid v. Bertolissi, at para. 92.
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