Ocean Mechanical Inc. v. Solid Homes Construction Ltd.

Ocean Mechanical Inc. v. Solid Homes Construction Ltd.

On the balance of probabilities the adjudicator accepted the September 10, 2008 agreement as the operative contract for $79,000 plus HST, allowed specified extras (invoice 249), accepted certain credits supported by evidence (booster fans $2,661.15; heat pumps material $8,181.86 plus installation $2,782.54; Fantech $1,841.90; ductwork $15,594.00; deficiencies $932.35), rejected the defendant's broad damages claim for lack of support, computed total credits of $31,993.80 against amounts claimed and found an overpayment in favor of the defendant of $1,511.49, and declined to award costs.

Citation
2012 NSSM 36
Parties
Claimant: Ocean Mechanical Inc.; Defendant: Solid Homes Construction Limited
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
23 January 2012
Procedural Posture
Small Claims Court (nova Scotia) / Decision
Outcome
Adjudicator found an overpayment in favor of the defendant (Solid Homes Construction Limited) in the amount of $1,511.49; claimant's claim otherwise resolved; defendant's counterclaim for damages denied; no costs awarded.
Legal Topics
Contract Interpretation, Payment and Credits, Delay and Deficiencies, Counterclaim, Quantification of Damages
Source Language
English
Contract Law Construction Law Mechanics' Lien Set Off Remedies Contract Interpretation Payment and Credits Delay and Deficiencies +2 more

Case Brief

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Parties

Ocean Mechanical Inc.

Claimant

Solid Homes Construction Limited

Defendant

Procedural Posture

Small Claims Court (nova Scotia) / Decision

Legal Issues

  1. 1 Whether a binding contract existed and its operative terms
  2. 2 Quantum owing under the contract including extras and unpaid invoices
  3. 3 Validity and effect of credits claimed by defendant (booster fans, heat pumps, Fantech, ductwork)

Ratio Decidendi

On the balance of probabilities the adjudicator accepted the September 10, 2008 agreement as the operative contract for $79,000 plus HST, allowed specified extras (invoice 249), accepted certain credits supported by evidence (booster fans $2,661.15; heat pumps material $8,181.86 plus installation $2,782.54; Fantech $1,841.90; ductwork $15,594.00; deficiencies $932.35), rejected the defendant's broad damages claim for lack of support, computed total credits of $31,993.80 against amounts claimed and found an overpayment in favor of the defendant of $1,511.49, and declined to award costs.

Court Disposition

Adjudicator found an overpayment in favor of the defendant (Solid Homes Construction Limited) in the amount of $1,511.49; claimant's claim otherwise resolved; defendant's counterclaim for damages denied; no costs awarded.

Orders

  • Judgment for Solid Homes Construction Limited in the amount of 1511.49 CAD as overpayment
  • Defendant's counterclaim for damages dismissed