Bell hired JMS for renovations on her property, including constructing apartments.
No written contract existed, leading to disputes over terms and costs.
JMS claimed $50,251.10 for unpaid work; Bell argued the charges were excessive and counterclaimed $33,971.52 for repair costs and $85,000 for lost rental income due to deficiencies.
Findings:
The court found JMS was entitled to some payment but reduced the claim due to discrepancies in billing and deficiencies in work quality.
Bell's counterclaim was partly successful; she was awarded $11,300 for some proven deficiencies but denied claims related to the furnace, hot water tank, and lost rental income.
Decision:
JMS Award: $41,719.60, less Bell's counterclaim, resulting in a net award of $30,419.60 to JMS.
Interest: Prejudgment interest at 1.6% per annum from 2016 to the judgment date.
Legal Points:
The absence of a written contract led to conflicting interpretations of the parties' obligations.
Clear communication and documentation are essential in construction contracts to prevent similar disputes.
