The plaintiff contractor sued the defendant homeowners for unpaid invoices relating to a home renovation and addition.
The parties had not signed a written contract.
The plaintiff argued the agreement was a 'cost plus' contract, while the defendants argued it was a fixed price contract based on an initial verbal estimate.
The court found the agreement was a cost plus contract, noting the defendants had previously paid an invoice detailing materials, sub-trades, and contractor profit without objection.
However, the court reduced the plaintiff's claim by $5,000 due to the plaintiff's failure to bill labour accurately and provide timely invoices as costs escalated.
The defendants' counterclaim for delay-related expenses was dismissed.
