Rawding v. Sweetnam

Rawding v. Sweetnam

The Defendant frustrated the Claimant's ability to perform by failing to ensure site access and failing to provide necessary window specifications in a timely manner (breach of contract, Article 6(a)), entitling the Claimant to payment for the proportion of work performed: 40% of framing contract and 50% of project coordination contract, less deposits, plus costs.

Citation
2018 NSSM 48
Parties
Claimant/defendant by Counterclaim: Charles A. Rawding; Defendant/claimant by Counterclaim: Mary-Ellen Sweetnam
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
23 March 2018
Procedural Posture
Small Claims Court Contract Dispute (construction) / Decision Rendered March 23, 2018
Outcome
Claimant's claim allowed in part; Defendant ordered to pay total award of $4,266.35 CAD to Claimant
Legal Topics
Breach of Contract, Frustration of Contract, Damages, Project Coordination, Payment Dispute
Source Language
English
Contract Law Construction (building) Civil Procedure Breach of Contract Frustration of Contract Damages Project Coordination Payment Dispute

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Parties

Charles A. Rawding

Claimant/defendant by Counterclaim

Mary-Ellen Sweetnam

Defendant/claimant by Counterclaim

Procedural Posture

Small Claims Court Contract Dispute (construction) / Decision Rendered March 23, 2018

Legal Issues

  1. 1 Was there a valid contract and what were its terms?
  2. 2 Was the contract breached and if so by whom?
  3. 3 What remedies/damages are appropriate for the breach?

Ratio Decidendi

The Defendant frustrated the Claimant's ability to perform by failing to ensure site access and failing to provide necessary window specifications in a timely manner (breach of contract, Article 6(a)), entitling the Claimant to payment for the proportion of work performed: 40% of framing contract and 50% of project coordination contract, less deposits, plus costs.

Court Disposition

Claimant's claim allowed in part; Defendant ordered to pay total award of $4,266.35 CAD to Claimant

Orders

  • Framing contract: award to Claimant $3,542.00 CAD (40% of $15,400.00 plus HST less deposit)
  • Project coordination: award to Claimant $525.00 CAD (50% of $7,000.00 plus HST less deposit)