Floors Plus v. Homeland Builders Inc.

Floors Plus v. Homeland Builders Inc.

Floors Plus' claim against Homeland was dismissed due to sub-standard workmanship and responsibility for the defects; Homeland's invoice was reduced after disallowing the Floors Plus amount and certain unproven extras and after crediting specified small deficiencies, leaving a judgment in favor of Homeland against the Wolfs of $6,792.84; the Wolfs' counter-claim for large-scale remediation was dismissed as excessive and not reasonably foreseeable in full given the Wolfs' own choices and conduct; interest awarded at commercial rate 5% p.a. for two years (interest amount ordered $696.27).

Citation
2009 NSSM 62
Parties
Claimant: Floors Plus; Defendant; Claimant by Counter Claim: Homeland Builders Incorporated; Defendants; Claimants by Counter Claim: Hubertus Wolf and Christa Wolf
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
17 January 2009
Procedural Posture
Small Claims Court Breach of Contract and Counterclaims (construction) / Decision and Order
Outcome
Floors Plus claim dismissed; Homeland's claim against the Wolfs allowed in part for $6,792.84; Wolfs' counter-claim dismissed; interest awarded at commercial rate 5% p.a. for two years (ordered as $696.27); costs reserved (parties may file written submissions).
Legal Topics
Breach of Contract, Construction Defects, Contract Interpretation, Damages, Interest, Expert Evidence, Extras/change Orders, Foreseeability of Loss
Source Language
English
Contract Law Construction Law Civil Procedure Evidence Law Remedies Breach of Contract Construction Defects Contract Interpretation +5 more

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Parties

Floors Plus

Claimant

Homeland Builders Incorporated

Defendant; Claimant by Counter Claim

Hubertus Wolf and Christa Wolf

Defendants; Claimants by Counter Claim

Procedural Posture

Small Claims Court Breach of Contract and Counterclaims (construction) / Decision and Order

Legal Issues

  1. 1 Did Homeland breach its construction contract with the Wolfs?
  2. 2 Did Floors Plus breach its contract with Homeland (and/or with the Wolfs)?
  3. 3 Are the Wolfs indebted to Homeland and in what amount?

Ratio Decidendi

Floors Plus' claim against Homeland was dismissed due to sub-standard workmanship and responsibility for the defects; Homeland's invoice was reduced after disallowing the Floors Plus amount and certain unproven extras and after crediting specified small deficiencies, leaving a judgment in favor of Homeland against the Wolfs of $6,792.84; the Wolfs' counter-claim for large-scale remediation was dismissed as excessive and not reasonably foreseeable in full given the Wolfs' own choices and conduct; interest awarded at commercial rate 5% p.a. for two years (interest amount ordered $696.27).

Court Disposition

Floors Plus claim dismissed; Homeland's claim against the Wolfs allowed in part for $6,792.84; Wolfs' counter-claim dismissed; interest awarded at commercial rate 5% p.a. for two years (ordered as $696.27); costs reserved (parties may file written submissions).

Orders

  • Floors Plus claim dismissed
  • Homeland's claim against Hubertus Wolf and Christa Wolf allowed in the amount of $6,792.84