Skyview Sunrooms & Renovations v. Rossley

Skyview Sunrooms & Renovations v. Rossley

Adjudicator found the contract price was $3,250 exclusive of HST; the additional work discovered during demolition were extras; quantum meruit recovery was appropriate but claimant failed to prove the full claimed amount so $300 awarded for extras; prejudgment interest awarded at 4% per annum from Jan 1, 2008; deficiencies of $215.25 set off; after payments and costs the claimant was awarded $1,520.75.

Citation
2008 NSSM 61
Parties
Claimant: Skyview Sunrooms & Renovations; Defendants: Victor Rossley and Joanne Rossley
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
6 June 2008
Procedural Posture
Small Claims Court Contract/construction / Adjudicator Decision
Outcome
Claimant's claim partly successful; net award to claimant $1,520.75
Legal Topics
Quantum Meruit, Contract Interpretation, Prejudgment Interest, Setoff for Deficiencies, Costs Allocation
Source Language
English
Contract Law Construction Law Consumer/small Claims Procedure Quantum Meruit Contract Interpretation Prejudgment Interest Setoff for Deficiencies Costs Allocation

Case Brief

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Parties

Skyview Sunrooms & Renovations

Claimant

Victor Rossley and Joanne Rossley

Defendants

Procedural Posture

Small Claims Court Contract/construction / Adjudicator Decision

Legal Issues

  1. 1 Whether the agreed contract price of $3,250 was inclusive or exclusive of HST
  2. 2 Whether the additional work discovered during renovations constituted extras under the contract
  3. 3 Valuation of extras where no price was agreed (quantum meruit)

Ratio Decidendi

Adjudicator found the contract price was $3,250 exclusive of HST; the additional work discovered during demolition were extras; quantum meruit recovery was appropriate but claimant failed to prove the full claimed amount so $300 awarded for extras; prejudgment interest awarded at 4% per annum from Jan 1, 2008; deficiencies of $215.25 set off; after payments and costs the claimant was awarded $1,520.75.

Court Disposition

Claimant's claim partly successful; net award to claimant $1,520.75

Orders

  • Claimant Skyview Sunrooms & Renovations shall recover $1,520.75 from Defendants Victor Rossley and Joanne Rossley
  • Award includes contract amount, quantum meruit for extras, HST and interest as calculated, less payments and setoff for deficiencies; costs awarded as set out in decision