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The court held the construction agreement was a cost-plus contract, rejected an alleged budget cap guarantee, and awarded Reid Developments unpaid invoices, financing losses, and a builder’s lien.
The court held the parties had an oral cost-plus construction contract, not a binding budget cap, and awarded Solaris the unpaid invoices plus a builders' lien.
The Court of Appeal allowed the builder’s appeal, holding that money paid into trust to remove a builders lien was not payment under the contract and interest kept running.
Costs ruling after an 11-day builders lien trial: the court awarded party and party costs at Scale B, denied special costs, and left lien/CPL removal for a formal application.
The court found the builder’s cost-plus accounting inadequate, disallowed contractual and statutory interest, allowed limited counterclaim items, and ordered a net payment of $5,150.
Construction dispute over a cost-plus home build, invoicing, termination, and set-off. The court found mutual termination and allowed most proper subcontract costs, with some Tusk items disallowed.
The court found no enforceable agreement on the profit/remuneration term of a construction cost-plus arrangement and assessed All Out's recovery on quantum meruit.
Raiwal Developments Ltd. was awarded Scale B costs on a counterclaim about Heritage Temple renovation invoices. The Court refused special costs against either side.
The Court of Appeal dismissed Mr. Woon’s appeal and his application to adduce fresh evidence, holding the Palmer test was not met and the trial judge made no reversible error.
The court dismissed the plaintiffs’ construction defect and negligence claims for lack of expert evidence, while allowing RGC’s counterclaim in part for unpaid invoices.
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