Van Veld Construction Limited v. Hughes

Van Veld Construction Limited v. Hughes

On the balance of probabilities there was no evidence that the foundation work was deficient in preventing leakage; deviations did not materially prejudice the defendant and were offset by a reduced invoice; minimal exterior damage was compensable but was offset against prejudgment interest and costs, therefore the claimant is entitled to judgment for $9,890 and the order is stayed 15 days to permit the defendant to authorize payment to Housing Nova Scotia.

Citation
2021 NSSM 6
Parties
Claimant (defendant by Counterclaim): Van Veld Construction Limited; Defendant (claimant by Counterclaim): Mary Hughes
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
15 March 2021
Procedural Posture
Small Claims Contract/unjust Enrichment / Decision After Hearing (adjudicator's Ruling)
Outcome
Claimant's claim allowed; counterclaim dismissed except for minor defects offset by costs and interest; defendant ordered to pay $9,890 subject to a 15-day stay to permit authorization to Housing Nova Scotia.
Legal Topics
Scope of Work Changes, Performance of Contract, Measure of Damages, Set Off, Prejudgment Interest, Costs, Default Judgment and Setting Aside
Source Language
English
Contract Unjust Enrichment Property Construction Law Civil Procedure Scope of Work Changes Performance of Contract Measure of Damages +4 more

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Parties

Van Veld Construction Limited

Claimant (defendant by Counterclaim)

Mary Hughes

Defendant (claimant by Counterclaim)

Procedural Posture

Small Claims Contract/unjust Enrichment / Decision After Hearing (adjudicator's Ruling)

Legal Issues

  1. 1 Whether the claimant is entitled to payment for work performed despite unapproved changes to scope
  2. 2 Whether the claimant's work was deficient such that counterclaim damages are warranted
  3. 3 Whether defendant's refusal to sign authorization justified withholding payment

Ratio Decidendi

On the balance of probabilities there was no evidence that the foundation work was deficient in preventing leakage; deviations did not materially prejudice the defendant and were offset by a reduced invoice; minimal exterior damage was compensable but was offset against prejudgment interest and costs, therefore the claimant is entitled to judgment for $9,890 and the order is stayed 15 days to permit the defendant to authorize payment to Housing Nova Scotia.

Court Disposition

Claimant's claim allowed; counterclaim dismissed except for minor defects offset by costs and interest; defendant ordered to pay $9,890 subject to a 15-day stay to permit authorization to Housing Nova Scotia.

Orders

  • Defendant ordered to pay Claimant the sum of $9,890 without interest or costs
  • Order stayed for 15 days from communication to the Defendant to allow Defendant to authorize Housing Nova Scotia to process payment; Court to be advised if done