HCCC #116 Woodbridge Court Condominiums v. Carvery's Construction Ltd.

HCCC #116 Woodbridge Court Condominiums v. Carvery's Construction Ltd.

In the absence of an express warranty limitation the defendant owed an implied obligation to perform work in a skilful and workmanlike manner; the defendant failed to ensure the building envelope was watertight, lost the opportunity to inspect and rectify, and thus is liable for the reasonable cost of remediation and related costs; claimant awarded remediation costs and expert/filing costs totaling $17,124.97.

Citation
2014 NSSM 39
Parties
Claimant: HCCC #116 Woodbridge Court Condominiums; Defendant: Carvery's Construction Limited
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
11 August 2014
Procedural Posture
Small Claims Court / Decision (adjudication)
Outcome
Claim allowed in part; judgment for Claimant against Defendant.
Legal Topics
Defective Workmanship, Implied Warranty of Services, Causation of Damage, Remedies and Damages, Expert Evidence, Costs
Source Language
English
Construction Law Contract Tort (negligence) Consumer Protection Property Law Defective Workmanship Implied Warranty of Services Causation of Damage +3 more

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Parties

HCCC #116 Woodbridge Court Condominiums

Claimant

Carvery's Construction Limited

Defendant

Procedural Posture

Small Claims Court / Decision (adjudication)

Legal Issues

  1. 1 Whether the defendant performed the contracted work in a skilful and workmanlike manner
  2. 2 Whether any warranty was limited to one year
  3. 3 Whether the defendant's workmanship caused water infiltration and resultant damage

Ratio Decidendi

In the absence of an express warranty limitation the defendant owed an implied obligation to perform work in a skilful and workmanlike manner; the defendant failed to ensure the building envelope was watertight, lost the opportunity to inspect and rectify, and thus is liable for the reasonable cost of remediation and related costs; claimant awarded remediation costs and expert/filing costs totaling $17,124.97.

Court Disposition

Claim allowed in part; judgment for Claimant against Defendant.

Orders

  • Defendant to pay Claimant $17,124.97 (remediation $15,988.92; expert and filing costs $1,136.05).