Desjardins v. KAL Developments
The contract was a cost-plus agreement obliging payment of direct costs plus $10,000 profit and required the contractor to keep and produce proper records; the Defendant failed to produce adequate records and thus failed to discharge the onus of proving its claimed costs, the Claimant proved he was overcharged, and the appropriate remedy within Small Claims jurisdiction is an award of $25,000 plus modest costs; the Defendant's counterclaim is dismissed for lack of evidence.
Source excerpt
- Cost-plus contracts
- Breach of contract
- Implied terms
- Evidence and burden of proof
- Overbilling
- Counterclaim dismissed