Leverman Roofing Ltd. v. Future Inns Halifax

Leverman Roofing Ltd. v. Future Inns Halifax

Adjudicator accepted that time and materials basis applied and that labour and other discrete charges were broadly reasonable, but the 45% overhead/profit markup was excessive; reduced overhead/profit to 20% producing a total owing of $6,052.29 plus $179.35 costs, total judgment $6,231.64.

Citation
2011 NSSM 15
Parties
Claimant: Leverman Roofing Ltd.; Defendant: Future Inns Halifax
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
9 March 2011
Procedural Posture
Small Claims Court Contract/quantum Meruit / Hearing and Decision
Outcome
Judgment for Claimant in part: total judgment $6,231.64 (includes $6,052.29 due plus $179.35 costs).
Legal Topics
Quantum Meruit, Billing Dispute, Mark Up/overhead, Unjust Enrichment, Damages
Source Language
English
Contract Law Restitution/quantum Meruit Construction Law Commercial Disputes Quantum Meruit Billing Dispute Mark Up/overhead Unjust Enrichment +1 more

Case Brief

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Parties

Leverman Roofing Ltd.

Claimant

Future Inns Halifax

Defendant

Procedural Posture

Small Claims Court Contract/quantum Meruit / Hearing and Decision

Legal Issues

  1. 1 Whether the Claimant was entitled to the amount billed under a time and materials arrangement
  2. 2 Whether the hourly labour rates and 45% overhead/profit markup were reasonable
  3. 3 Appropriate measure of recovery (quantum meruit) where price was not fixed

Ratio Decidendi

Adjudicator accepted that time and materials basis applied and that labour and other discrete charges were broadly reasonable, but the 45% overhead/profit markup was excessive; reduced overhead/profit to 20% producing a total owing of $6,052.29 plus $179.35 costs, total judgment $6,231.64.

Court Disposition

Judgment for Claimant in part: total judgment $6,231.64 (includes $6,052.29 due plus $179.35 costs).

Orders

  • Judgment for the Claimant in the sum of $6,052.29 plus $179.35 costs, total $6,231.64.
  • Account taken of the $5,000.00 deposit; no other relief granted.