Facts: Ellcar Ventures Ltd. built a custom house for Carol MacLeod. The project encountered various complications, including the need for blasting due to bedrock and specific construction requests by MacLeod, leading to disputes over additional costs.
Issue: The central issue was whether additional construction costs were to be borne by MacLeod or Ellcar, focusing on contract interpretation and whether it was a fixed-price contract.
Court's Ruling: The court ruled in favor of Ellcar, finding that the contract was not strictly fixed-price and that MacLeod was responsible for the extra costs resulting from her specific requests and unforeseen construction complications.
Costs/Damages Awarded: The plaintiff is entitled to judgment for $94,524.84, which represents the amount remaining due under the contract price, including the full net amount of extras set out in its summary of overages ($101,654.84), less $7,041 for the deficiencies completion work successfully established by Ms MacLeod, and $89 for the closet door. The Court also declares that the plaintiff is entitled to a lien over Ms MacLeod’s property for $94,524.84.
