Forestburg (Village) v Austin Carroll Pool Construction Ltd
Village of Forestburg
Law Firm / Organization
Shores Jardine LLP
Austin Carroll Pool Construction Ltd.
Law Firm / Organization
HMC Lawyers LLP
Lawyer(s)

Sean Manery

Key Points:

  • Contract Dispute:
    The dispute centered on a contract awarded to Austin Carroll in November 2019 for the replacement of a swimming pool membrane in Forestburg, valued at $150,714.29. The Village claimed Austin Carroll breached the contract by failing to complete the project and issuing an unjustified invoice for $93,975.

  • Material Delivery and Work Stoppage:
    The project halted in July 2020 after the removal of the pool liner revealed structural issues. Austin Carroll was asked to pause while the Village handled repairs, but the company ultimately did not return to finish the work in 2021.

  • Invoice Discrepancy:
    The invoice dispute revolved around material costs. Austin Carroll billed the Village $73,636.36 for materials, but the Village obtained a price list from the manufacturer showing the cost to be roughly half that amount. The Village argued that this overcharge and the failure to complete work constituted a breach of contract or unjust enrichment.

  • Ruling on Undertakings:

    • The court ruled that Undertakings #32 and #33, requesting detailed information on the material costs and markups, were relevant to the Village’s claim for unjust enrichment and ordered Austin Carroll to comply.
    • Other requests (#6, #42) were dismissed, as some information was deemed outside Austin Carroll’s control or unnecessary for resolving the dispute.
    • No monetary award specified.
Court of King's Bench of Alberta
2212 00215
Construction law
Applicant