Blunden Constuction v. DeYoung

Blunden Constuction v. DeYoung

Defendant's termination on May 1, 2017 constituted a breach because claimant had commenced performance (plans, permit application, engineer) and acted in good faith; claimant failed to prove lost profits on a balance of probabilities so lost profit claim was dismissed, but claimant was entitled to recover for work actually performed in quantum meruit in the amount of $1,000; defendant's counterclaim was dismissed.

Citation
2018 NSSM 24
Parties
Claimant: Blunden Construction Ltd; Defendant: Kyle DeYoung
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
18 May 2018
Procedural Posture
Small Claims / Decision (post Hearing)
Outcome
Claim partially allowed: lost profit claim dismissed; quantum meruit award granted; defendant counterclaim dismissed.
Legal Topics
Breach of Contract, Contract Termination, Repudiation, Damages, Lost Profits, Quantum Meruit, Mitigation, Building Permits
Source Language
English
Contract Law Construction Law Civil Remedies Breach of Contract Contract Termination Repudiation Damages Lost Profits +3 more

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Parties

Blunden Construction Ltd

Claimant

Kyle DeYoung

Defendant

Procedural Posture

Small Claims / Decision (post Hearing)

Legal Issues

  1. 1 Whether homeowner lawfully cancelled contract
  2. 2 Whether cancellation amounted to breach
  3. 3 Whether contractor repudiated the contract

Ratio Decidendi

Defendant's termination on May 1, 2017 constituted a breach because claimant had commenced performance (plans, permit application, engineer) and acted in good faith; claimant failed to prove lost profits on a balance of probabilities so lost profit claim was dismissed, but claimant was entitled to recover for work actually performed in quantum meruit in the amount of $1,000; defendant's counterclaim was dismissed.

Court Disposition

Claim partially allowed: lost profit claim dismissed; quantum meruit award granted; defendant counterclaim dismissed.

Orders

  • Claimant awarded $1,000.00
  • Claimant's claim for lost profit ($9,051.00) dismissed