Me and the Boys Construction Ltd. v. Ward

Me and the Boys Construction Ltd. v. Ward

The texts and communications established an agreement to a fixed price of $4,500 plus HST; therefore the claimant was entitled to the full invoice without a required breakdown, and was awarded the invoice amount plus statutory interest and reduced service costs.

Citation
2016 NSSM 13
Parties
Claimant: Me and the Boys Construction Ltd.; Defendant: Cheryl Ward
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
20 April 2016
Procedural Posture
Small Claims Court Civil Claim (construction Dispute) / Decision After Hearing
Outcome
Claim allowed in part; claimant awarded invoice amount plus statutory interest and party costs with a reduction to the claimed service fee.
Legal Topics
Fixed Price Contract, Quantum Meruit, Contract Formation, Costs, Pre Judgment Interest, Service of Process
Source Language
English
Contract Law Construction Law Civil Procedure Consumer Disputes Fixed Price Contract Quantum Meruit Contract Formation Costs +2 more

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Parties

Me and the Boys Construction Ltd.

Claimant

Cheryl Ward

Defendant

Procedural Posture

Small Claims Court Civil Claim (construction Dispute) / Decision After Hearing

Legal Issues

  1. 1 Whether a firm fixed price quote was agreed between the parties
  2. 2 Whether the contractor was obliged to provide a breakdown of costs
  3. 3 Whether the claimant is entitled to the full invoice, interest and costs

Ratio Decidendi

The texts and communications established an agreement to a fixed price of $4,500 plus HST; therefore the claimant was entitled to the full invoice without a required breakdown, and was awarded the invoice amount plus statutory interest and reduced service costs.

Court Disposition

Claim allowed in part; claimant awarded invoice amount plus statutory interest and party costs with a reduction to the claimed service fee.

Orders

  • Claimant shall recover $5,175.00 (invoice total) plus interest of $54.86 and costs of $277.35, for a total of $5,507.21
  • No order requiring the claimant to provide a breakdown of costs for the fixed-price contract