Thomas v. S. Bennett Construction #863931028

Thomas v. S. Bennett Construction #863931028

On the balance of probabilities the adjudicator found 70% of contracted work (including extras proven in evidence) had been completed, accepted claimant evidence that $24,602.33 was paid, calculated unpaid contract balance of $3,133.97 and 30% of contract price as $8,320.89, yielding net damages of $5,186.92; claims for defective work and additional extras were dismissed for lack of reliable evidence; costs of $179.35 awarded; judgment entered against Shane Abraham Bennett carrying on business as S. Bennett Construction for $5,366.27.

Citation
2009 NSSM 66
Parties
Claimant: Holly Thomas; Claimant: Alan Hughes; Defendant: S. Bennett Construction #863931028; Defendant: Shane Abraham Bennett; Defendant: Christina Anne Bennett
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
4 December 2009
Procedural Posture
Small Claims Court Contract/construction / Decision (adjudicator)
Outcome
Judgment for claimants in part against Shane Abraham Bennett carrying on business as S. Bennett Construction
Legal Topics
Breach of Contract, Expectation Damages, Contract Variations/extras, Completion of Work, Costs, Liability of Sole Proprietor
Source Language
English
Contract Law Construction Law Civil Damages Breach of Contract Expectation Damages Contract Variations/extras Completion of Work Costs +1 more

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Parties

Holly Thomas

Claimant

Alan Hughes

Claimant

S. Bennett Construction #863931028

Defendant

Shane Abraham Bennett

Defendant

Christina Anne Bennett

Defendant

Procedural Posture

Small Claims Court Contract/construction / Decision (adjudicator)

Legal Issues

  1. 1 Whether extras beyond those testified were agreed and payable
  2. 2 Extent of completion of contracted work and appropriate measure of damages
  3. 3 Whether performed work was defective/negligent

Ratio Decidendi

On the balance of probabilities the adjudicator found 70% of contracted work (including extras proven in evidence) had been completed, accepted claimant evidence that $24,602.33 was paid, calculated unpaid contract balance of $3,133.97 and 30% of contract price as $8,320.89, yielding net damages of $5,186.92; claims for defective work and additional extras were dismissed for lack of reliable evidence; costs of $179.35 awarded; judgment entered against Shane Abraham Bennett carrying on business as S. Bennett Construction for $5,366.27.

Court Disposition

Judgment for claimants in part against Shane Abraham Bennett carrying on business as S. Bennett Construction

Orders

  • Judgment in favour of Holly Thomas and Alan Hughes against Shane Abraham Bennett carrying on business as S. Bennett Construction in the amount of $5,186.92
  • Costs awarded to Claimants in the amount of $179.35