Eastech Consultants Ltd. v. Selco Contracting Ltd.

Eastech Consultants Ltd. v. Selco Contracting Ltd.

On the balance of probabilities the adjudicator accepted the Claimant performed work but found billing errors and overcharges; after reconciling invoices, applying an accounting cost credit and an additional reduction for unreasonable charges the defendant owed the claimant $2,933.05; the defendant's counterclaim for overpayment/damages was not established and costs were denied.

Citation
2010 NSSM 81
Parties
Claimant: EASTECH CONSULTANTS LIMITED; Defendant: SILCO CONTRACTING LTD.; Defendant: GERRY SILVER
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
27 September 2010
Procedural Posture
Small Claims Court / Decision After Hearing
Outcome
Defendant ordered to pay Claimant $2,933.05; counterclaim dismissed; no costs awarded to either party
Legal Topics
Invoicing and Payment, Overbilling and Set Off, Counterclaim for Overpayment, Contract Interpretation, Costs and Judicial Discretion, Credibility of Witnesses
Source Language
English
Contract Law Civil Procedure Debt Recovery Construction/engineering Services Invoicing and Payment Overbilling and Set Off Counterclaim for Overpayment Contract Interpretation +2 more

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Parties

EASTECH CONSULTANTS LIMITED

Claimant

SILCO CONTRACTING LTD.

Defendant

GERRY SILVER

Defendant

Procedural Posture

Small Claims Court / Decision After Hearing

Legal Issues

  1. 1 Whether amounts invoiced by Claimant remain outstanding
  2. 2 Whether services billed were performed and fell within the parties' contract/quote
  3. 3 Whether Defendant's counterclaim for overpayment and damages succeeds

Ratio Decidendi

On the balance of probabilities the adjudicator accepted the Claimant performed work but found billing errors and overcharges; after reconciling invoices, applying an accounting cost credit and an additional reduction for unreasonable charges the defendant owed the claimant $2,933.05; the defendant's counterclaim for overpayment/damages was not established and costs were denied.

Court Disposition

Defendant ordered to pay Claimant $2,933.05; counterclaim dismissed; no costs awarded to either party

Orders

  • The Defendant shall pay to the Claimant the sum of $2,933.05
  • No costs awarded to either party