Caldwell v. JonesCo Contracting Incorporated

Caldwell v. JonesCo Contracting Incorporated

The Agreement required buyer consent and a change order for extras; JonesCo failed to obtain consent or a change order for the $71,680 plus HST infill charge and therefore breached the contract; the contractor's quantum meruit/unjust enrichment claim is precluded by the existence of the express contract; accordingly partial summary judgment was granted ordering reimbursement of $82,432.00 plus pre-judgment interest and costs.

Citation
2025 NSSC 299
Parties
Plaintiff/mover: Andrea Caldwell; Defendant/respondent: JonesCo Contracting Incorporated
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
15 September 2025
Procedural Posture
Civil Contract Dispute (new Home Construction) / Motion for Partial Summary Judgment on Evidence
Outcome
Motion for partial summary judgment granted in favour of Plaintiff
Legal Topics
Summary Judgment, Change Orders, Allowances, Quantum Meruit, Unjust Enrichment, Contra Proferentem, Contract Interpretation, Pre Judgment Interest, Costs
Source Language
English
Contract Law Civil Procedure Construction Law Equity Summary Judgment Change Orders Allowances Quantum Meruit +5 more

Case Brief

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Parties

Andrea Caldwell

Plaintiff/mover

JonesCo Contracting Incorporated

Defendant/respondent

Procedural Posture

Civil Contract Dispute (new Home Construction) / Motion for Partial Summary Judgment on Evidence

Legal Issues

  1. 1 Whether the contractor was entitled under the written Agreement to charge additional infill and excavation costs beyond the $5,000 allowance without a change order and the buyer's consent
  2. 2 Whether the contractor could recover the extra charges on a quantum meruit/unjust enrichment basis despite the express contract
  3. 3 Proper interpretation of clauses regarding change orders, lot conditions and allowances

Ratio Decidendi

The Agreement required buyer consent and a change order for extras; JonesCo failed to obtain consent or a change order for the $71,680 plus HST infill charge and therefore breached the contract; the contractor's quantum meruit/unjust enrichment claim is precluded by the existence of the express contract; accordingly partial summary judgment was granted ordering reimbursement of $82,432.00 plus pre-judgment interest and costs.

Court Disposition

Motion for partial summary judgment granted in favour of Plaintiff

Orders

  • JonesCo to reimburse Plaintiff $82,432.00
  • JonesCo to pay pre-judgment interest on that amount