Stephen D. Gadbois

Following a trial where the plaintiff was largely successful in its construction lien claim and successfully defended against the defendants' counterclaim, the court determined the appropriate costs award.

The plaintiff sought $46,326.42 based on partial indemnity costs up to the date of a reasonable offer to settle, and substantial indemnity costs thereafter.

The court found the defendants' failure to accept the plaintiff's reasonable offers and their unreasonable conduct during litigation justified the costs claimed.

The plaintiff was awarded $44,000 in costs, slightly reduced to reflect partial lack of success on the main claim, along with prejudgment and post-judgment interest.

The plaintiff, a subcontractor providing swing stage labour, brought a construction lien and breach of contract claim against the general contractor and owner for unpaid invoices totaling $36,761.73.

The defendants counterclaimed for deficiency correction costs and alleged overbilling, including disputed travel time.

The court found that the defendants fundamentally breached the oral contract by refusing payment based on groundless deficiency claims and terminating the contract without cause.

The court held that travel time was compensable under the agreement and awarded the plaintiff $35,643.03, dismissing the defendants' counterclaim.