Builder Substantial Performance and Owner's Damages for Minor Defects

A property owner sued a builder, alleging the latter had failed to perform the agreed-upon work, specifically the construction of a concrete garage according to the submitted plans, resulting in material defects, but the builder counterclaimed for the outstanding balance due for the work actually performed. The court upheld the lower court's decision, which found that the builder had executed the work, albeit with some deviations from the plans, and had substantially completed the agreed-upon work, thus justifying payment for the executed services, while acknowledging that the owner was entitled to damages solely for the documented, minor defects requiring rectification, thereby rejecting the owner's claim for full non-performance.