Owner's Setoff for Defective Construction Against Builder's Claim for Payment

Owner's Setoff for Defective Construction Against Builder's Claim for Payment: A property owner contracted with a builder for construction work, and the work was completed but exhibited significant defects, leading the owner to refuse final payment and demand repairs, which the builder refused to undertake, prompting the owner to complete the repairs at the builder's expense; the builder sued for the remaining balance, but the court, affirming the lower court's decision, ruled that the owner was entitled to set off the cost of the necessary repairs against the remaining contract price because the builder's defective performance constituted a breach of contract, thereby justifying the owner's refusal to pay the full amount owed until the defects were rectified or compensated for.