Earth-Water Concepts Inc. v. Myres

Earth-Water Concepts Inc. v. Myres

The agreement signed by the parties constituted a cost estimate, not a fixed price, and expressly allowed for changes; the claimant proved performance and the reasonableness of the invoiced work by witness evidence and invoices; consequently the claimant was entitled to recover the invoiced amount less the claimed legal costs (which were not recoverable absent contractual authorization), leading to judgment for the claimant in the sum awarded.

Citation
2012 NSSM 29
Parties
CLAIMANT: Earth-Water Concepts Inc.; DEFENDANT: Madeline T Myres
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
29 August 2012
Procedural Posture
Small Claims Court / Decision and Order
Outcome
Judgment for claimant in part
Legal Topics
Breach of Contract, Contract Interpretation, Costs, Interest, Estimate Versus Fixed Price
Source Language
English
Contract Law Civil Procedure Debt Recovery Breach of Contract Contract Interpretation Costs Interest Estimate Versus Fixed Price

Case Brief

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Parties

Earth-Water Concepts Inc.

CLAIMANT

Madeline T Myres

DEFENDANT

Procedural Posture

Small Claims Court / Decision and Order

Legal Issues

  1. 1 Whether the contract was limited to the estimated amount of $3,885 plus HST and disbursements
  2. 2 Whether the claimant performed the contracted hydro‑geological assessments to the required standard
  3. 3 Whether the claimant was entitled to legal costs and interest in the absence of an express contractual provision

Ratio Decidendi

The agreement signed by the parties constituted a cost estimate, not a fixed price, and expressly allowed for changes; the claimant proved performance and the reasonableness of the invoiced work by witness evidence and invoices; consequently the claimant was entitled to recover the invoiced amount less the claimed legal costs (which were not recoverable absent contractual authorization), leading to judgment for the claimant in the sum awarded.

Court Disposition

Judgment for claimant in part

Orders

  • Defendant to pay claimant $10,990.14
  • Defendant to pay court costs of $182.94