Is there any case law in which an architect has been successful in claiming damages from a building owner for breach of contract?

Alberta, Canada


The following excerpt is from Jayasinghe v. Ang, 1981 CanLII 1119 (AB QB):

There is some authority which would favour the position taken by the defendant in the Thomas v. Hammersmith B.C., supra. In that case the court decided that the building owner had wrongfully repudiated the architect’s contract prior to completion of the stage which had been commenced. That being so, it held that he was entitled to recover the remuneration he would have received had he been allowed to complete that stage of the contract. However, Slesser L.J. made the following additional comment at p. 211: Having arrived at this conclusion on the construction of the contract, it becomes unnecessary to further consider the facts, save that I would say that I think that the judge has deducted a certain amount from damages upon the basis that the architect, being set free from this agreement by its breach, was unable to earn otherwise, and also has avoided payments he might have been obliged to make. In respect to this diminution of damage, the judge has made a deduction of £1,000, and I find myself unable to say that this sum should be altered. In my view, the judge did not make any deduction for work not completed or inadequately done other than for payments which would have had to be made in order that certain designs — notably the steel work — should have been rendered fit for use by a quantity surveyor. This and the freeing of the plaintiff’s time are matters difficult to assess, but properly the subject of abatement and, as I say, I do not think that the sum of £1,000 is not a fair deduction from the damages.

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