Carvery's Construction Ltd. v. King-Briere

Carvery's Construction Ltd. v. King-Briere

The adjudicator found the quote provided two separate prices for distinct jobs (supporting wall and drywall), accepted the claimant's invoice allocations subject to adjustments for unquoted additional work, disallowed the defendant's offsets for cleaning and smoking absent proof of damage, and awarded the claimant the outstanding contractual sum plus prejudgment interest and costs.

Citation
2014 NSSM 51
Parties
Claimant: Carvery's Construction Limited; Defendant: Kathy King-Briere
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
4 September 2014
Procedural Posture
Small Claims Court Contract Dispute / Decision (final)
Outcome
Claim allowed in part; judgment entered for claimant.
Legal Topics
Contract Interpretation, Breach of Contract, Quantum of Damages, Pre Judgment Interest, Costs
Source Language
English
Contract Law Construction Law Civil Remedies Contract Interpretation Breach of Contract Quantum of Damages Pre Judgment Interest Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Carvery's Construction Limited

Claimant

Kathy King-Briere

Defendant

Procedural Posture

Small Claims Court Contract Dispute / Decision (final)

Legal Issues

  1. 1 What were the contractual terms?
  2. 2 What aggregate amount was payable under the contract?
  3. 3 Was there a breach and what remedy is appropriate?

Ratio Decidendi

The adjudicator found the quote provided two separate prices for distinct jobs (supporting wall and drywall), accepted the claimant's invoice allocations subject to adjustments for unquoted additional work, disallowed the defendant's offsets for cleaning and smoking absent proof of damage, and awarded the claimant the outstanding contractual sum plus prejudgment interest and costs.

Court Disposition

Claim allowed in part; judgment entered for claimant.

Orders

  • Defendant Kathy King-Briere shall pay Claimant Carvery's Construction Limited total debt of $4757.19
  • Pre-judgment interest at 4% per annum from November 29, 2013 to May 27, 2014 in the amount of $95.14