b'BENCHMARKSJustice Wilson cited the Guaranteecourts 2021 judgement, but only at theneither the owner nor the builder can case 2 , a 1999 Supreme Court of Canadastatutory rate for pre-judgment interestrecover the same damages they could decision which stated a party can suein B.C., which is much lower than expect in other circumstances.for damages of past or future breaches12 per cent. If your construction contract is if a contract is not repudiated. However,LESSONS LEARNED going badly and you are considering if the non-repudiating party accepts theNo matter how badly a constructiontermination, ask a qualified lawyer for repudiation, the contract is terminated,advice. They may be able to help you discharging the parties from contract is going, it is always risky toavoid the surprises experienced in the future obligations. treat the contract as terminated. TheHighbridge case. The judge ordered the de Boers toHighbridge case demonstrates the legal pay a number of disputed amounts forimplications when both the owner1Highbridge Homes v. de Boer, 2021 Carswell BCwork completed up to the terminationand builder repudiate a construction1831 (B.C.S.C); 2021 BCSC 1112.contract. When a court finds a contract2Guarantee Co. of North America v. Gordon Capital date of the contract, but they were not responsible for the remainder of thewas terminated by mutual consent,Corp., [1999] 3 S.C.R. 423.work or the lost profit on that work.CAN THE DE BOERS RECOVER THEIR COSTS OF HIRING ANOTHER BUILDER TOCOMPLETE THE WORK?The de Boers retained another builder to complete their home and attempted to recover the costs from Highbridgein court.Justice Wilson ruled that these costs were in the category of future damages, which came after the termination of the contract. The de Boers were not entitled to recover these204-661-1055costs from Highbridge. 1820 DeVries Ave.CAN HIGHBRIDGE RECOVERWinnipeg, MBINTEREST ON UNPAID AMOUNTS UP TO THE DATE OF THE PRODUCTS FOR THE INDUSTRYCOURT RULING?The de Boers had paid Highbridges first invoice and part of a second invoice, but they refused to pay a thirdwww.springhilllumber.cominvoice. Highbridge filed a lien against the property. To vacate the lien, the de Boers paid disputed funds into a solicitors trust on November 9th, 2016.The construction contract provided that interest was to accrue on unpaid accounts at the rate of 12 per cent per annum. The courts judgment in the case was released in 2021, five years after the events took place. Highbridge asked the court to award five years interest on unpaid amounts at the contractual rate of 12 per cent. Thede Boers argued no interest waspayable because the relevant contract provision came to an end upon the contracts termination.Justice Wilson ruled interest at the contractual rate of 12 per cent was payable on unpaid amounts for the period up to November 9th, 2016. He ruled Highbridge could recover interest for the remaining period up until the Issue 1 Spring Edition 2022 BUILD MANITOBA 23'