Fougere v. Enfield Hardware Ltd.

Fougere v. Enfield Hardware Ltd.

Court found Scotian Homes liable for specific negligent items (front porch roof repair $1,897.50; insurance deductible for main roof $500.00; chimney correction $2,760.00; estimated interior warranty/deficiency repairs $1,100.00; replacement bedspread $867.54) totalling $7,125.04; that amount to be deducted from the...

Source-derived case information.

Citation
2009 NSSC 52
Parties
Plaintiffs/defendants by Counterclaim: Alan Murray Fougere and Linda Ann Fougere; Defendants/plaintiff by Counterclaim: Enfield Hardware Limited (Scotian Homes)
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
27 February 2009
Procedural Posture
Contract and Tort Dispute; Mechanics' Lien / Builders' Lien / Trial Judgment
Outcome
Partial judgment for plaintiffs on limited negligence claims; mechanics' lien dismissed as time-barred; defendant entitled to personal judgment for remaining holdback plus contractual interest; general and punitive damages dismissed.
Legal Topics
Breach of Contract, Negligence, Builders' Lien, Damages Assessment, Warranty, Statute of Limitations, Contractual Interest, Costs, Punitive Damages
Source Language
english
Contract Law Tort (negligence) Construction Law Builders' Lien / Mechanics' Lien Remedies and Damages Breach of Contract Negligence Builders' Lien +6 more

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Parties

Alan Murray Fougere and Linda Ann Fougere

Plaintiffs/defendants by Counterclaim

Enfield Hardware Limited (Scotian Homes)

Defendants/plaintiff by Counterclaim

Procedural Posture

Contract and Tort Dispute; Mechanics' Lien / Builders' Lien / Trial Judgment

Legal Issues

  1. 1 Whether Scotian Homes breached the construction agreement and was negligent in workmanship
  2. 2 Which defects were attributable to Scotian Homes versus owner-supplied materials or other contractors
  3. 3 Quantum of damages for proven defects

Ratio Decidendi

Court found Scotian Homes liable for specific negligent items (front porch roof repair $1,897.50; insurance deductible for main roof $500.00; chimney correction $2,760.00; estimated interior warranty/deficiency repairs $1,100.00; replacement bedspread $867.54) totalling $7,125.04; that amount to be deducted from the $14,045.73 holdback with the remaining balance of $6,920.69 payable to Scotian Homes with contractual interest at 25.5% from occupancy (June 18, 2002) to payment; the mechanics' lien claim was dismissed as filed beyond the statutory limitation; claims for general and punitive damages were dismissed.

Court Disposition

Partial judgment for plaintiffs on limited negligence claims; mechanics' lien dismissed as time-barred; defendant entitled to personal judgment for remaining holdback plus contractual interest; general and punitive damages dismissed.

Orders

  • Plaintiffs awarded $7,125.04 for specified repairs and losses to be deducted from the $14,045.73 holdback held by plaintiffs' counsel.
  • Balance of holdback $6,920.69 to be paid to Enfield Hardware Limited (Scotian Homes) together with interest at 25.5% per annum calculated from June 18, 2002 to date of receipt of payment.