Weber v. Bernardi

Weber v. Bernardi

The court held the contract required supply and installation per blueprints and Canadian Electrical Code; Nova Scotia Power final inspection does not alone establish completion; exterior shore and driveway lights were not proven to be included; claimant entitled to part of extras ($1,750) but must have deductions for valid deficiencies (set off $3,258.86) and credits, resulting in a net judgment to claimant of $7,054.86; no costs awarded.

Citation
2017 NSSM 67
Parties
Claimant: Kevin Weber; Defendant: Linda K. Bernardi
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
21 February 2017
Procedural Posture
Contract (small Claims) / Decision (trial)
Outcome
Judgment for claimant in the net amount of $7,054.86; defendant's claim for shore and driveway lights denied; no costs awarded.
Legal Topics
Contract Interpretation, Breach of Contract, Remedies Damages, Construction Defects, Scope of Work, Statutory/code Compliance
Source Language
English
Contract Law Construction Law Consumer Law Regulatory Compliance (electrical) Contract Interpretation Breach of Contract Remedies Damages Construction Defects +2 more

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Parties

Kevin Weber

Claimant

Linda K. Bernardi

Defendant

Procedural Posture

Contract (small Claims) / Decision (trial)

Legal Issues

  1. 1 What constituted the contract scope based on the quote and plans
  2. 2 Whether final inspection by Nova Scotia Power constituted completion of the contract
  3. 3 Whether claimed extras were payable and in what amount

Ratio Decidendi

The court held the contract required supply and installation per blueprints and Canadian Electrical Code; Nova Scotia Power final inspection does not alone establish completion; exterior shore and driveway lights were not proven to be included; claimant entitled to part of extras ($1,750) but must have deductions for valid deficiencies (set off $3,258.86) and credits, resulting in a net judgment to claimant of $7,054.86; no costs awarded.

Court Disposition

Judgment for claimant in the net amount of $7,054.86; defendant's claim for shore and driveway lights denied; no costs awarded.

Orders

  • Claimant awarded $7,054.86
  • No costs awarded