Umeron v. LGJ Construction

Umeron v. LGJ Construction

The Adjudicator implied limited contractual terms (existence of stairs and that the general contractor must arrange the Claimant's electrician when required), found the Defendant breached the renovation contract by abandoning the project and failing to arrange the electrician, awarded expectation damages equal to the Arbuck completion quote ($52,849.40) reduced by the assessed value of work performed ($25,000) = $27,849.40, awarded the Defendant quantum meruit for store work $6,304.02, and ordered set-off producing a net award to the Claimant of $21,545.38; no costs were awarded.

Citation
2025 NSSM 26
Parties
Claimant: Rita Nkanga Umeron; Defendant: LGJ Construction
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
11 June 2025
Procedural Posture
Small Claims Court / Decision
Outcome
Claimant awarded damages for breach of contract net of set-off; Defendant awarded quantum meruit for store work; no costs awarded; counsel for Claimant to prepare order with Defendant's counsel consent
Legal Topics
Breach of Contract, Implied Terms, Quantum Meruit, Damages, Set Off
Source Language
English
Contract Restitution Construction Law Unjust Enrichment Breach of Contract Implied Terms Quantum Meruit Damages +1 more

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Parties

Rita Nkanga Umeron

Claimant

LGJ Construction

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether additional terms should be implied into the written renovation contract
  2. 2 Whether the Defendant breached the renovation contract by abandoning the work and failing to arrange the electrician
  3. 3 Proper measure of damages for breach of contract (expectation measure)

Ratio Decidendi

The Adjudicator implied limited contractual terms (existence of stairs and that the general contractor must arrange the Claimant's electrician when required), found the Defendant breached the renovation contract by abandoning the project and failing to arrange the electrician, awarded expectation damages equal to the Arbuck completion quote ($52,849.40) reduced by the assessed value of work performed ($25,000) = $27,849.40, awarded the Defendant quantum meruit for store work $6,304.02, and ordered set-off producing a net award to the Claimant of $21,545.38; no costs were awarded.

Court Disposition

Claimant awarded damages for breach of contract net of set-off; Defendant awarded quantum meruit for store work; no costs awarded; counsel for Claimant to prepare order with Defendant's counsel consent

Orders

  • Defendant to pay Claimant net sum of 21545.38 CAD (being damages of 27849.40 CAD less set-off of 6304.02 CAD)
  • No award of costs to either party