Crouse v. Ramar Construction Ltd.

Crouse v. Ramar Construction Ltd.

Adjudicator found the Defendant breached the contract by failing to install tar paper; the Claimant was justified in replacing the roof to protect insurance coverage; damages awarded are the replacement cost reduced for betterment by 11/25 of the 25-year life, plus the insurance deductible and costs, resulting in an award of $6,743 plus $199.35 costs.

Citation
2016 NSSM 16
Parties
Claimant: Mark Porter Dodge; Defendant: Ramar Construction Ltd.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
6 May 2016
Procedural Posture
Small Claims Court / Decision
Outcome
Claim allowed in part; damages awarded to Claimant
Legal Topics
Breach of Contract, Damages, Mitigation, Betterment, Roofing Defects, Expert Evidence
Source Language
English
Contract Law Construction Law Insurance Law Evidence Breach of Contract Damages Mitigation Betterment +2 more

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Parties

Mark Porter Dodge

Claimant

Ramar Construction Ltd.

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the Defendant breached the contract by failing to install tar paper
  2. 2 Whether the Claimant was justified in replacing the roof
  3. 3 Whether the Claimant failed to mitigate damages

Ratio Decidendi

Adjudicator found the Defendant breached the contract by failing to install tar paper; the Claimant was justified in replacing the roof to protect insurance coverage; damages awarded are the replacement cost reduced for betterment by 11/25 of the 25-year life, plus the insurance deductible and costs, resulting in an award of $6,743 plus $199.35 costs.

Court Disposition

Claim allowed in part; damages awarded to Claimant

Orders

  • Defendant to pay $6,743.00 in damages to the Claimant
  • Defendant to pay costs of $199.35 to the Claimant