Cullip Construction v. Vipond Inc.

Cullip Construction v. Vipond Inc.

The Claimant was entitled to recover for rock removal because the Claimant notified the Defendant, the Defendant authorized the work, and the Defendant's own communications acknowledged that extras are normally payable; the Defendant's counterclaim was not sufficiently proven except for limited labour time, so the Adjudicator allowed four hours at $70/hour ($280) as offset, and ordered net payment to the Claimant of $3,202.75.

Citation
2007 NSSM 85
Parties
Claimant: Cullip Construction; Defendant: Vipond Inc.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
22 January 2007
Procedural Posture
Small Claims (contract and Counterclaim) / Decision
Outcome
Judgment for Claimant with net award after offsets and costs
Legal Topics
Contract Extras, Excavation/rock Removal, Breach of Contract, Property Damage, Counterclaim, Costs
Source Language
English
Contract Tort Civil Procedure Contract Extras Excavation/rock Removal Breach of Contract Property Damage Counterclaim +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Cullip Construction

Claimant

Vipond Inc.

Defendant

Procedural Posture

Small Claims (contract and Counterclaim) / Decision

Legal Issues

  1. 1 Whether rock excavation constituted an extra charge under the parties' agreement
  2. 2 Whether the Defendant is obliged to pay the Claimant for the extra work authorized on site
  3. 3 Whether the Defendant's counterclaim for a ruptured water line was proven and what damages are recoverable

Ratio Decidendi

The Claimant was entitled to recover for rock removal because the Claimant notified the Defendant, the Defendant authorized the work, and the Defendant's own communications acknowledged that extras are normally payable; the Defendant's counterclaim was not sufficiently proven except for limited labour time, so the Adjudicator allowed four hours at $70/hour ($280) as offset, and ordered net payment to the Claimant of $3,202.75.

Court Disposition

Judgment for Claimant with net award after offsets and costs

Orders

  • Defendant shall pay Claimant $3,455.75
  • Defendant shall pay Claimant $80.00 court costs