Guilbault v. McGreevy

Guilbault v. McGreevy

The engineer's final estimate was substantially the certificate required by the subcontract and therefore binding and conclusive on the parties; absent such a certificate (as a condition precedent) the plaintiff could not recover beyond what the certificate showed; the certificate here allowed correction of an apparent clerical error and fixed the balance due at the certified amount.

Citation
(1890) 18 SCR 609
Parties
Appellant/plaintiff: Edouard Guilbault; Respondent/defendant: Thomas McGreevy
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
11 December 1890
Procedural Posture
Contract Dispute (subcontract) / Appeal to Supreme Court of Canada From Court of Queen's Bench for Lower Canada (appeal Side)
Outcome
Appeal dismissed; judgment of Court of Queen's Bench for Lower Canada (Appeal Side) affirmed.
Legal Topics
Engineer's Certificate, Condition Precedent, Final Estimate, Subcontract, Payment
Source Language
English
Contract Law Construction Law Railway Contracts Engineer's Certificate Condition Precedent Final Estimate Subcontract Payment

Case Brief

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Parties

Edouard Guilbault

Appellant/plaintiff

Thomas McGreevy

Respondent/defendant

Procedural Posture

Contract Dispute (subcontract) / Appeal to Supreme Court of Canada From Court of Queen's Bench for Lower Canada (appeal Side)

Legal Issues

  1. 1 Whether the engineer's final estimate constituted the certificate required by the contract
  2. 2 Whether a final certificate by the engineer was a condition precedent to recovery
  3. 3 Whether parties are bound by the engineer's certificate as conclusive determination of amounts due

Ratio Decidendi

The engineer's final estimate was substantially the certificate required by the subcontract and therefore binding and conclusive on the parties; absent such a certificate (as a condition precedent) the plaintiff could not recover beyond what the certificate showed; the certificate here allowed correction of an apparent clerical error and fixed the balance due at the certified amount.

Court Disposition

Appeal dismissed; judgment of Court of Queen's Bench for Lower Canada (Appeal Side) affirmed.

Orders

  • Appeal dismissed with costs.
  • Cross-appeal dismissed with costs.