J.W. Lindsay Enterprises Ltd. v. Blackburn

J.W. Lindsay Enterprises Ltd. v. Blackburn

The adjudicator found a binding oral contract included a markup because the claimant performed the work, issued progress claims identifying a contract sum of $165,000 which the defendant did not object to at the time, and the defendant's experience and conduct indicated he knew a markup would apply; accordingly the defendant was liable for the unpaid balance of $16,100 plus costs.

Citation
2015 NSSM 52
Parties
Claimant: J.W. Lindsay Enterprises Limited; Defendant: Dave Blackburn
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
30 December 2015
Procedural Posture
Small Claims Contract / Decision (adjudication)
Outcome
Judgment for claimant
Legal Topics
Oral Contract, Markup/profit in Construction Contract, Progress Claims, Payment Dispute, Quantum of Damages
Source Language
English
Contract Law Construction Law Commercial Law Civil Procedure Oral Contract Markup/profit in Construction Contract Progress Claims Payment Dispute +1 more

Case Brief

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Parties

J.W. Lindsay Enterprises Limited

Claimant

Dave Blackburn

Defendant

Procedural Posture

Small Claims Contract / Decision (adjudication)

Legal Issues

  1. 1 Whether a valid contract existed between the parties
  2. 2 Whether the oral contract included a markup/profit component
  3. 3 What amount remained owing under the contract and invoices

Ratio Decidendi

The adjudicator found a binding oral contract included a markup because the claimant performed the work, issued progress claims identifying a contract sum of $165,000 which the defendant did not object to at the time, and the defendant's experience and conduct indicated he knew a markup would apply; accordingly the defendant was liable for the unpaid balance of $16,100 plus costs.

Court Disposition

Judgment for claimant

Orders

  • Defendant to pay claimant $16,100.00
  • Defendant to pay court costs $199.35