Busch Mac Developments Ltd. v. Harris

Busch Mac Developments Ltd. v. Harris

The court found the written April 23, 2007 document was a memorandum that did not accurately record the parties' oral agreement; extrinsic evidence established the contract was a time and materials contract without a maximum, there was no mutual mistake warranting rectification, and Harris was entitled to the unpaid...

Source-derived case information.

Citation
2009 NSSC 381
Parties
Plaintiff: Busch Mac Developments Limited; Defendant: Stephen Harris
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
8 December 2009
Procedural Posture
Civil (contract/construction) / Trial Judgment (decision)
Outcome
Judgment for defendant Stephen Harris in respect of unpaid invoices; plaintiff's claims largely dismissed or reduced.
Legal Topics
Time and Materials Contract, Parol Evidence/rectification, Contract Interpretation, Pre‑judgment Interest, Damages
Source Language
english
Contract Law Construction Law Civil Remedies Time and Materials Contract Parol Evidence/rectification Contract Interpretation Pre‑judgment Interest Damages

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Summary, issues, holding and outcome

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Parties

Busch Mac Developments Limited

Plaintiff

Stephen Harris

Defendant

Procedural Posture

Civil (contract/construction) / Trial Judgment (decision)

Legal Issues

  1. 1 Whether the contract was time and materials with a $70,000 plus HST cap or time and materials without a maximum
  2. 2 Whether the contractor (Harris) was required to supply materials for the water main, hookups and fire hydrant
  3. 3 Whether the plaintiff's claim for valve repair was proven and recoverable

Ratio Decidendi

The court found the written April 23, 2007 document was a memorandum that did not accurately record the parties' oral agreement; extrinsic evidence established the contract was a time and materials contract without a maximum, there was no mutual mistake warranting rectification, and Harris was entitled to the unpaid invoice balance; Busch Mac was responsible for materials supplied on its account and the valve repair claim was disallowed for lack of evidence.

Court Disposition

Judgment for defendant Stephen Harris in respect of unpaid invoices; plaintiff's claims largely dismissed or reduced.

Orders

  • Judgment awarded to Stephen Harris in the amount of 17081.01 CAD
  • Pre‑judgment interest awarded to Stephen Harris at 5% to the date of payment