Howell v. Don Bartlett's General Contracting Services Ltd

Howell v. Don Bartlett's General Contracting Services Ltd

The defendant breached the Statement of Work by leaving the garage unfinished and with defective work; the claimants produced reasonable estimates and receipts to prove the cost to complete and repair, and accordingly are entitled to damages of $15,000 plus their filing fee, for a total judgment of $15,199.35.

Citation
2019 NSSM 34
Parties
Claimant: Simon Howell; Claimant: Melodi Randell; Defendant: Don Bartlett's General Contracting Services Ltd.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
6 May 2019
Procedural Posture
Small Claims Court / Decision on Merits
Outcome
Claim allowed; judgment for claimants.
Legal Topics
Breach of Contract, Damages for Incomplete and Defective Work, Cost to Complete/repair, Evidence of Reasonable Estimates
Source Language
English
Contract Law Construction Law Small Claims Litigation Breach of Contract Damages for Incomplete and Defective Work Cost to Complete/repair Evidence of Reasonable Estimates

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Parties

Simon Howell

Claimant

Melodi Randell

Claimant

Don Bartlett's General Contracting Services Ltd.

Defendant

Procedural Posture

Small Claims Court / Decision on Merits

Legal Issues

  1. 1 Whether the defendant breached the Statement of Work by failing to complete the garage as agreed
  2. 2 Whether the claimants' estimates and receipts for repair and completion are reasonable and establish quantum
  3. 3 Whether payment in full prior to completion affects liability

Ratio Decidendi

The defendant breached the Statement of Work by leaving the garage unfinished and with defective work; the claimants produced reasonable estimates and receipts to prove the cost to complete and repair, and accordingly are entitled to damages of $15,000 plus their filing fee, for a total judgment of $15,199.35.

Court Disposition

Claim allowed; judgment for claimants.

Orders

  • Defendant to pay Claimants debt of $15,000.00
  • Defendant to pay Claimants filing fee/costs of $199.35