Me and the Boys Construction Inc. v. APM Construction Services Inc.

Me and the Boys Construction Inc. v. APM Construction Services Inc.

Claimant proved entitlement to payment for excavation hours recorded; the roof inspection charge was not agreed and not justified; the defendant's backcharges failed for lack of satisfactory evidence linking the claimant's work to the later leaks or sewer blockage, and expert material not tested in court carries...

Source-derived case information.

Citation
2016 NSSM 53
Parties
Claimant: Me and the Boys Construction Inc.; Defendant: APM Construction Services Inc.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
29 August 2016
Procedural Posture
Small Claims Court Construction/subcontract Dispute / Decision on Claim and Counterclaim
Outcome
Claim allowed in part; counterclaim dismissed
Legal Topics
Payment Dispute, Counterclaim, Quantum of Damages, Subcontractor Obligations, Causation
Source Language
english
Construction Contract Debt Recovery Property Damage Payment Dispute Counterclaim Quantum of Damages Subcontractor Obligations +1 more

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Parties

Me and the Boys Construction Inc.

Claimant

APM Construction Services Inc.

Defendant

Procedural Posture

Small Claims Court Construction/subcontract Dispute / Decision on Claim and Counterclaim

Legal Issues

  1. 1 Whether defendant owes invoices for excavation extra hours and roof inspection
  2. 2 Whether defendant's roof repair backcharge is valid
  3. 3 Whether defendant's counterclaim that inadequate compaction caused sewer pipe sagging and required remedial work is proved

Ratio Decidendi

Claimant proved entitlement to payment for excavation hours recorded; the roof inspection charge was not agreed and not justified; the defendant's backcharges failed for lack of satisfactory evidence linking the claimant's work to the later leaks or sewer blockage, and expert material not tested in court carries little weight; accordingly claimant awarded specific amounts and counterclaim dismissed.

Court Disposition

Claim allowed in part; counterclaim dismissed

Orders

  • Award to Claimant: $470.00 for work plus HST $70.50 for total $540.50
  • Costs awarded: $99.70 for issuing the claim