What is the test for a construction contract?

British Columbia, Canada


The following excerpt is from Morgan and Gaiga v. Pacific Coast Floor Covering Inc., 2018 BCPC 236 (CanLII):

Each of those contracts was governed by the following principle (citations omitted): 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. Pavestone Creations Ltd v. Kuentzel

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