What is the test for good and workmanlike conduct under a contract?
Saskatchewan, Canada
The following excerpt is from NLS Construction Ltd v Kirkby, 2013 SKPC 5 (CanLII):
I begin by noting that in the case of Maisonneuve v. Burley, 2001 SKQB 407, at para. 26, Madam Justice Dawson stated as follows: ... A contract to perform any work, in the absence of any stipulation as to the manner in which it is to be carried out, implies a condition that the work shall be done in a good and workmanlike manner, and the workmen employed on the work must be possessed of the ordinary amount of skill possessed by those exercising the particular trade....
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