Philip Murray Electric v. McCarron

Philip Murray Electric v. McCarron

The Adjudicator found the Extra Upgrades were separate authorized work payable without a signed change order, the claim was not statute-barred because the contract remained uncompleted until 2017, and a $2,833 set-off for uncompleted/remedial work was appropriate; accordingly judgment was entered for the claimant for the net amount of $4,468.48 and no prejudgment interest or costs were awarded.

Citation
2019 NSSM 22
Parties
Claimant: Philip Murray Electric; Defendant: Patrick McCarron
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
10 June 2019
Procedural Posture
Small Claims Court Contract/debt / Adjudication (decision)
Outcome
Claim allowed in part; judgment for claimant in the amount of $4,468.48; no prejudgment interest or costs awarded.
Legal Topics
Unpaid Invoice, Scope of Work, Change Orders, Quantum Meruit, Set Off, Limitation Period, Prejudgment Interest, Costs
Source Language
English
Contract Law Construction Law Limitation Law Civil Procedure Unpaid Invoice Scope of Work Change Orders Quantum Meruit +4 more

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Parties

Philip Murray Electric

Claimant

Patrick McCarron

Defendant

Procedural Posture

Small Claims Court Contract/debt / Adjudication (decision)

Legal Issues

  1. 1 Whether there was a single fixed-price contract or separate work giving rise to additional charges
  2. 2 Whether Extra Upgrades were payable absent a signed change order
  3. 3 Whether the claim was time-barred under the Limitation of Actions Act

Ratio Decidendi

The Adjudicator found the Extra Upgrades were separate authorized work payable without a signed change order, the claim was not statute-barred because the contract remained uncompleted until 2017, and a $2,833 set-off for uncompleted/remedial work was appropriate; accordingly judgment was entered for the claimant for the net amount of $4,468.48 and no prejudgment interest or costs were awarded.

Court Disposition

Claim allowed in part; judgment for claimant in the amount of $4,468.48; no prejudgment interest or costs awarded.

Orders

  • Judgment for Philip Murray Electric against Patrick McCarron in the amount of $4,468.48
  • No prejudgment interest awarded