The plaintiff contractor sued the defendant homeowner for unpaid invoices relating to the demolition and reconstruction of a house.
The parties had no written contract and disagreed on whether the arrangement was a fixed-price or cost-plus agreement.
The court found there was no meeting of the minds on price, and therefore no binding contract existed.
The plaintiff's claim was assessed on the basis of quantum meruit.
The court awarded the plaintiff compensation for unpaid labour and some expenses, but denied claims for storage, tool rentals, and markup on materials sourced directly by the defendant.
The defendant's counterclaim for overpayment and delay was dismissed, but a set-off was allowed for the cost of repairing defective pocket doors.
