What is the effect of pleading that a substantially completed building is substantially completed?
British Columbia, Canada
The following excerpt is from Fame Construction Ltd. v. 430863 B.C. Ltd., 1997 CanLII 4383 (BC SC):
The plea that the building was substantially completed is an admission that the plaintiff has performed the contract to the point where it is entitled to payment of the contract price in full: County of Lambton v. Canadian Comstock Co. et al, 1959 CanLII 22 (SCC), [1960] S.C.R. 86 at 93. That is what the parties agreed to here by Article IV of their contract. I am satisfied that the determination of the preliminary issue has conclusively established that the plaintiff is entitled to payment of the contract price. The remaining issue is whether I should exercise my discretion under Rule 39(29) to grant judgment.
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