First Class Grass Landscaping and Excavation Ltd. v. Greenmont Developments Ltd.

First Class Grass Landscaping and Excavation Ltd. v. Greenmont Developments Ltd.

Adjudicator found a fixed price contract with an initial contract price of $27,874.85; blasting costs were not recoverable from Defendant because the parties mutually resolved the blasting lien among themselves; abandonment/capping of old laterals was not a term of the contract; Defendant proved set-off expenses totalling $2,290.51; after crediting payments and set-offs the Claimant was awarded $10,584.34; costs and prejudgment interest denied, each party to bear its own costs.

Citation
2014 NSSM 52
Parties
Claimant: First Class Grass Landscaping and Excavation Inc.; Defendant: Greenmont Developments Limited
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
30 September 2014
Procedural Posture
Breach of Contract (small Claims Court, Nova Scotia) / Decision
Outcome
Judgment for Claimant in part
Legal Topics
Breach of Contract, Construction Defects, Builders' Lien, Set Off, Damages, Prejudgment Interest
Source Language
English
Contract Law Construction Law Property Law Builders' Lien Law Civil Procedure Breach of Contract Construction Defects Builders' Lien +3 more

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Parties

First Class Grass Landscaping and Excavation Inc.

Claimant

Greenmont Developments Limited

Defendant

Procedural Posture

Breach of Contract (small Claims Court, Nova Scotia) / Decision

Legal Issues

  1. 1 What was the agreement in general?
  2. 2 Was blasting included and who bore the cost?
  3. 3 Were abandoned water/sewer laterals part of the contract?

Ratio Decidendi

Adjudicator found a fixed price contract with an initial contract price of $27,874.85; blasting costs were not recoverable from Defendant because the parties mutually resolved the blasting lien among themselves; abandonment/capping of old laterals was not a term of the contract; Defendant proved set-off expenses totalling $2,290.51; after crediting payments and set-offs the Claimant was awarded $10,584.34; costs and prejudgment interest denied, each party to bear its own costs.

Court Disposition

Judgment for Claimant in part

Orders

  • Judgment entered for First Class Grass Landscaping and Excavation Inc. against Greenmont Developments Limited in the amount of $10,584.34 CAD.
  • Each party shall bear its own costs.