Pittman v. JND Construction Ltd.

Pittman v. JND Construction Ltd.

Adjudicator found a valid oral contract arose from the May 19, 2014 estimate as amended by $3,000 in extras (total $56,660 plus HST = $65,159). The contractor failed to complete the work and did not perform in a fully workmanlike manner; claimant incurred reasonable remedial costs. The claimant had paid $50,640.00 and the adjudicator calculated a theoretical abatement (difference) of $14,519.00 (22.3%) but ultimately dismissed both the claim and the counterclaim, awarding no damages, prejudgment interest or costs.

Citation
2018 NSSM 79
Parties
Claimant/defendant by Counterclaim: Alexander Cole Pittman; Defendant/claimant by Counterclaim: JND Construction Ltd.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
5 March 2018
Procedural Posture
Small Claims Breach of Contract (construction) / Decision
Outcome
Claim and Counterclaim dismissed; no damages awarded; no prejudgment interest or costs awarded.
Legal Topics
Breach of Contract, Estimates Vs Contract, Implied Terms, Workmanlike Performance, Damages, Building Code Compliance, Remedies
Source Language
English
Contract Law Construction Law Administrative/building Code Law Civil Procedure (small Claims) Breach of Contract Estimates Vs Contract Implied Terms Workmanlike Performance +3 more

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Parties

Alexander Cole Pittman

Claimant/defendant by Counterclaim

JND Construction Ltd.

Defendant/claimant by Counterclaim

Procedural Posture

Small Claims Breach of Contract (construction) / Decision

Legal Issues

  1. 1 What were the terms of the contract between the parties?
  2. 2 Did either party breach the contract?
  3. 3 If so, what damages are owing?

Ratio Decidendi

Adjudicator found a valid oral contract arose from the May 19, 2014 estimate as amended by $3,000 in extras (total $56,660 plus HST = $65,159). The contractor failed to complete the work and did not perform in a fully workmanlike manner; claimant incurred reasonable remedial costs. The claimant had paid $50,640.00 and the adjudicator calculated a theoretical abatement (difference) of $14,519.00 (22.3%) but ultimately dismissed both the claim and the counterclaim, awarding no damages, prejudgment interest or costs.

Court Disposition

Claim and Counterclaim dismissed; no damages awarded; no prejudgment interest or costs awarded.

Orders

  • Claim dismissed
  • Counterclaim dismissed