Masontech Inc. v. Aaffinity Contracting and Environmental Ltd.

Masontech Inc. v. Aaffinity Contracting and Environmental Ltd.

Aaffinity's conduct in paying multiple progress claims that incorporated the November 4, 2011 winter price established objective agreement to those terms such that Masontech is entitled to judgment in principle; however, there remain genuine disputes about the precise amounts owing (alleged overpayments, double‑billing and change order ceilings) that require assessment, so the court granted judgment for the plaintiff subject to assessment of the amount due.

Citation
2014 NSSC 164
Parties
Plaintiff: Masontech Inc.; Defendant: Aaffinity Contracting and Environmental Ltd.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
2 May 2014
Procedural Posture
Construction Contract Dispute / Motion for Summary Judgment on Evidence (rule 13.04)
Outcome
Judgment for plaintiff (Masontech Inc.) granted in principle, subject to assessment of the amount due
Legal Topics
Summary Judgment, Acceptance by Conduct, Estoppel by Representation, Progress Payments, Change Orders, Double‑billing, Assessment of Damages
Source Language
English
Contract Law Construction Law Civil Procedure Summary Judgment Acceptance by Conduct Estoppel by Representation Progress Payments Change Orders +2 more

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Parties

Masontech Inc.

Plaintiff

Aaffinity Contracting and Environmental Ltd.

Defendant

Procedural Posture

Construction Contract Dispute / Motion for Summary Judgment on Evidence (rule 13.04)

Legal Issues

  1. 1 Whether the parties agreed to the November 4, 2011 "winter price" for south retaining wall work
  2. 2 Whether Aaffinity's payment of progress claims constituted acceptance of the invoiced terms or gave rise to estoppel
  3. 3 Whether there are genuine issues of material fact requiring trial or assessment

Ratio Decidendi

Aaffinity's conduct in paying multiple progress claims that incorporated the November 4, 2011 winter price established objective agreement to those terms such that Masontech is entitled to judgment in principle; however, there remain genuine disputes about the precise amounts owing (alleged overpayments, double‑billing and change order ceilings) that require assessment, so the court granted judgment for the plaintiff subject to assessment of the amount due.

Court Disposition

Judgment for plaintiff (Masontech Inc.) granted in principle, subject to assessment of the amount due

Orders

  • Masontech shall have judgment, subject to assessment of the amount due.
  • Assessment to determine the exact amount owing to be conducted taking into account amounts paid and disputed charges.