Constructum Developments Inc. v. Hogaboam

Constructum Developments Inc. v. Hogaboam

Court found the contractor repudiated the General Contract by refusing to correct deficiencies until paid and the defendants accepted that repudiation; applying quantum meruit and offsetting the defendants' allowed counterclaim and credits, the court awarded the plaintiff payment of $24,091.64 and allowed extras of...

Source-derived case information.

Citation
2015 BCSC 1490
Parties
Plaintiff: Constructum Developments Inc.; Defendant: Lorrie Hogaboam; Defendant: Rick Hogaboam
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
25 August 2015
Procedural Posture
Construction Contract Dispute / Trial Judgment (reasons for Judgment)
Outcome
Judgment for plaintiff on quantum meruit with set offs; defendants ordered to pay reduced final draw and allowed extras; each party to bear own costs.
Legal Topics
Repudiation, Quantum Meruit, Deficiencies, Change Orders/extras, Interest, Costs
Source Language
english
Contract Law Construction Law Equitable Remedies Real Property Law Repudiation Quantum Meruit Deficiencies Change Orders/extras +2 more

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Parties

Constructum Developments Inc.

Plaintiff

Lorrie Hogaboam

Defendant

Rick Hogaboam

Defendant

Procedural Posture

Construction Contract Dispute / Trial Judgment (reasons for Judgment)

Legal Issues

  1. 1 Were there contractual deficiencies in the work?
  2. 2 Did the contractor repudiate the General Contract?
  3. 3 Is the plaintiff entitled to payment for extras beyond the General Contract?

Ratio Decidendi

Court found the contractor repudiated the General Contract by refusing to correct deficiencies until paid and the defendants accepted that repudiation; applying quantum meruit and offsetting the defendants' allowed counterclaim and credits, the court awarded the plaintiff payment of $24,091.64 and allowed extras of $7,560.85, with interest at 5% per annum on the reduced final draw from January 1, 2011 and interest on extras from the date the decision was released.

Court Disposition

Judgment for plaintiff on quantum meruit with set offs; defendants ordered to pay reduced final draw and allowed extras; each party to bear own costs.

Orders

  • Defendants to pay plaintiff $24,091.64 (reduced final draw after setoffs and counterclaim)
  • Defendants to pay plaintiff $7,560.85 for allowed extras