- Parties: The plaintiff was V.J. Rice Concrete Limited. The defendant was John Ross and Sons Limited. 

- Subject Matter: This claim arose from a concrete pouring project. Under a contract dated July 31, 2019, the plaintiff supplied roller compacted concrete (RCC) to the defendant on a specific property. The plaintiff subcontracted placement of the RCC to a third party. The work on the project – anticipated to start on Sept. 23, 2019 – began on or about Nov. 19, 2019. The work progressed for just over a week, paused, and recommenced in June 2020. The plaintiff filed a notice of action and statement of claim. 

- Ruling: The court ruled in the plaintiff’s favour and found it entitled to its claim for the outstanding amount of $161,078.43, given that it delivered the agreed amount of RCC required under the contract. The court deemed the contract a unit price contract. The RCC’s initial amount was a reasonable estimate during the contract’s signing, the court held. Just over three months later, the parties realized that they would have to vary the contract, considering the subgrade’s poor quality, the court noted. The original estimate of RCC then grew by approximately 2,500 metric tonnes, the court said. 

- Date: The court released its decision on Dec. 5, 2024. 

- Venue: This was a case before the Supreme Court of Nova Scotia. 

- Amount: The court said that it would receive written cost submissions if the parties could not agree on costs.