Pavestone Creations Ltd. v. Kuentzel

Pavestone Creations Ltd. v. Kuentzel

Court held Pavestone had not repudiated the contract, both parties shared responsibility for termination, Pavestone proved work and materials for which limited recovery was appropriate (mix of contractual and quantum meruit items), Pavestone failed to properly compact imported fill in limited areas requiring remedial work so defendant's counterclaim for remedial costs was allowed in part, the lien filing was within the statutory period and did not amount to slander of title, and net judgment for Pavestone was $15,244.00 after deductions.

Citation
2013 NSSC 199
Parties
Plaintiff / Defendant by Counterclaim: Pavestone Creations Limited; Defendant / Plaintiff by Counterclaim: Michael Danny Kuentzel
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
26 June 2013
Procedural Posture
Construction Contract Dispute / Trial Judgment
Outcome
Judgment for plaintiff Pavestone Creations Limited in the net amount of CAD 15,244.00; defendant's counterclaim partly allowed in the amount of CAD 2,750.00; lien not slander on title.
Legal Topics
Quantum Meruit, Breach of Contract, Construction Defects, Damages, Liens, Pre Judgment Interest, Costs
Source Language
English
Contract Law Construction Law Property Law Tort (slander of Title) Builders Lien Law Quantum Meruit Breach of Contract Construction Defects +4 more

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Parties

Pavestone Creations Limited

Plaintiff / Defendant by Counterclaim

Michael Danny Kuentzel

Defendant / Plaintiff by Counterclaim

Procedural Posture

Construction Contract Dispute / Trial Judgment

Legal Issues

  1. 1 Whether defendant breached the contract by refusing a progress draw
  2. 2 Whether plaintiff entitled to damages under contract or quantum meruit for work and materials supplied
  3. 3 Whether plaintiff breached the contract by failing to perform work to required standards and by undue delay

Ratio Decidendi

Court held Pavestone had not repudiated the contract, both parties shared responsibility for termination, Pavestone proved work and materials for which limited recovery was appropriate (mix of contractual and quantum meruit items), Pavestone failed to properly compact imported fill in limited areas requiring remedial work so defendant's counterclaim for remedial costs was allowed in part, the lien filing was within the statutory period and did not amount to slander of title, and net judgment for Pavestone was $15,244.00 after deductions.

Court Disposition

Judgment for plaintiff Pavestone Creations Limited in the net amount of CAD 15,244.00; defendant's counterclaim partly allowed in the amount of CAD 2,750.00; lien not slander on title.

Orders

  • Plaintiff awarded net damages of 15244.00 CAD after deducting down-payment and counterclaim
  • Defendant awarded counterclaim remedy of 2750.00 CAD (allowed against plaintiff's claim)