Pretige Paving Inc. v. JRT Developments

Pretige Paving Inc. v. JRT Developments

The adjudicator found the contract price was $13,000 plus HST, that the paving compaction was below acceptable industry levels for this job, and that a $3,000 offset to the contract price was appropriate for the reduced quality; after applying HST, prior payments, and netting costs, the Claimant was awarded $4,742.05; no prejudgment interest was allowed.

Citation
2007 NSSM 6
Parties
Claimant: Prestige Paving Inc.; Defendant: JRT Developments
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
8 January 2007
Procedural Posture
Small Claims Court / Decision
Outcome
Claim allowed in part. Judgment in favour of Claimant for $4,742.05. No prejudgment interest.
Legal Topics
Contract Price, Breach of Contract, Damages, Setoff, Expert Evidence, Costs
Source Language
English
Contract Law Construction Law Civil Small Claims Contract Price Breach of Contract Damages Setoff Expert Evidence +1 more

Case Brief

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Parties

Prestige Paving Inc.

Claimant

JRT Developments

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 What was the contract price?
  2. 2 Whether the Defendant had a valid defence or counterclaim based on quality of work (compaction)
  3. 3 Appropriate reduction for defective performance

Ratio Decidendi

The adjudicator found the contract price was $13,000 plus HST, that the paving compaction was below acceptable industry levels for this job, and that a $3,000 offset to the contract price was appropriate for the reduced quality; after applying HST, prior payments, and netting costs, the Claimant was awarded $4,742.05; no prejudgment interest was allowed.

Court Disposition

Claim allowed in part. Judgment in favour of Claimant for $4,742.05. No prejudgment interest.

Orders

  • Defendant to pay Claimant the net sum of $4,742.05.
  • No prejudgment interest allowed.