Next Level Contracting v. McQuade

Next Level Contracting v. McQuade

Claimant proved performance of the core contract (pouring concrete around pool) but failed to prove entitlement to extras because the contract required written authorization and credible evidence was lacking; defendant admitted owing $1,750 which establishes liability for that amount; defendant's allegations of poor workmanship and damages were not evidenced and he expressly declined monetary relief, so counterclaim fails; award limited to admitted unpaid balance plus costs.

Citation
2010 NSSM 18
Parties
Claimant: Next Level Contracting; Defendant: Randall McQuade
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
18 March 2010
Procedural Posture
Small Claims Contract / Decision
Outcome
Claim partly allowed. Judgment entered for claimant for outstanding contract balance and costs.
Legal Topics
Nonpayment, Extras/variation, Counterclaim for Damages, Quick Judgment / Setting Aside
Source Language
English
Contract Law Civil Procedure Evidence Nonpayment Extras/variation Counterclaim for Damages Quick Judgment / Setting Aside

Case Brief

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Parties

Next Level Contracting

Claimant

Randall McQuade

Defendant

Procedural Posture

Small Claims Contract / Decision

Legal Issues

  1. 1 Whether claimant proved entitlement to full claimed amount for contracted work and claimed extras
  2. 2 Whether extras were enforceable absent written variation as required by the parties' agreement
  3. 3 Whether defendant proved counterclaim/damages for alleged poor workmanship

Ratio Decidendi

Claimant proved performance of the core contract (pouring concrete around pool) but failed to prove entitlement to extras because the contract required written authorization and credible evidence was lacking; defendant admitted owing $1,750 which establishes liability for that amount; defendant's allegations of poor workmanship and damages were not evidenced and he expressly declined monetary relief, so counterclaim fails; award limited to admitted unpaid balance plus costs.

Court Disposition

Claim partly allowed. Judgment entered for claimant for outstanding contract balance and costs.

Orders

  • Defendant to pay claimant $1750.00
  • Defendant to pay court costs $89.68