Allterrain Contracting Inc. v. Grafton Developments Inc.

Allterrain Contracting Inc. v. Grafton Developments Inc.

Contract No. 2 was a clear, executed change order that modified Contract No. 1 and released Allterrain from obligation to reinstate flat works in front of The Pearl; Grafton failed to prove its counterclaim on the balance of probabilities; accordingly Allterrain is entitled to judgment for its claimed amounts and may realize on the security Grafton posted to vacate the lien.

Citation
2020 NSSC 66
Parties
Plaintiff/defendant by Counterclaim: Allterrain Contracting Inc.; Defendant/plaintiff by Counterclaim: Grafton Developments Inc.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
20 February 2020
Procedural Posture
Construction Contract Dispute (builders' Lien) / Trial Decision / Final Judgment
Outcome
Judgment for plaintiff Allterrain Contracting Inc. for $30,569.77; Grafton's counterclaim dismissed; Allterrain may realize on security posted to vacate the lien.
Legal Topics
Contract Interpretation, Change Order Effect, Lien Security, Counterclaim for Completion Costs, Permit Fee Reimbursement, Credibility of Witnesses
Source Language
English
Contract Law Construction Law Builders' Lien Law Civil Procedure Contract Interpretation Change Order Effect Lien Security Counterclaim for Completion Costs +2 more

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Parties

Allterrain Contracting Inc.

Plaintiff/defendant by Counterclaim

Grafton Developments Inc.

Defendant/plaintiff by Counterclaim

Procedural Posture

Construction Contract Dispute (builders' Lien) / Trial Decision / Final Judgment

Legal Issues

  1. 1 Whether Allterrain is entitled to payment for outstanding work under the contracts
  2. 2 Whether Grafton has a valid counterclaim for completion/deficiency costs
  3. 3 Whether Allterrain may realize on security paid into court to vacate the lien

Ratio Decidendi

Contract No. 2 was a clear, executed change order that modified Contract No. 1 and released Allterrain from obligation to reinstate flat works in front of The Pearl; Grafton failed to prove its counterclaim on the balance of probabilities; accordingly Allterrain is entitled to judgment for its claimed amounts and may realize on the security Grafton posted to vacate the lien.

Court Disposition

Judgment for plaintiff Allterrain Contracting Inc. for $30,569.77; Grafton's counterclaim dismissed; Allterrain may realize on security posted to vacate the lien.

Orders

  • Judgment awarded to Allterrain Contracting Inc. in the sum of $30,569.77.
  • Grafton Developments Inc. shall not recover on its counterclaim; counterclaim dismissed.