Clarity Architectural Products Inc. v. Gryphon Corporate Construction Ltd.
The defendant's conduct (direction to pause, non-payment of the Second Invoice, failure to return shop drawings, and engaging a replacement subcontractor while leaving the subcontractor under the impression work would continue) objectively amounted to repudiation of the Subcontract; the plaintiff validly accepted that repudiation by June 12, 2024; therefore the plaintiff is entitled to expectation damages rather than the limited recovery available under a prospective termination for convenience. Damages awarded consist of the unpaid Second Invoice ($664,071.46) recoverable as a debt and under…
Source excerpt
- Repudiation
- Termination for convenience
- Expectation damages
- Interest
- Honest performance/good faith
- Mediation default