Is a builder entitled to recover for his services?
Saskatchewan, Canada
The following excerpt is from Lacroix Brothers & Co. Ltd. v. Cook, 1926 CanLII 103 (SK CA):
The headnote of Dakin v. Lee in the Law Reports is as follows: Where a builder has supplied work and labour for the erection or repair of a house under a lump sum contract, but has departed from the terms of the contract, he is entitled to recover for his services, unless (1) the work that he has done has been of no benefit to the owner; (2) the work he has done is entirely different from the work which he has contracted to do; or (3) he has abandoned the work and left it unfinished.
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