2024 NSSC 376

• V.J. Rice Concrete Ltd. (VJR) and John Ross and Sons Ltd. (JRS) entered into a unit price contract for roller-compacted concrete (RCC) at $89 per metric tonne.
• The contract estimated 15,840 metric tonnes, but due to site conditions and increased paving area (8.44 acres instead of 8 acres), the final amount reached 18,280–18,373 metric tonnes.
• JRS refused to fully pay the final invoice, leaving $161,078.43 unpaid.
• The court found JRS had agreed to the increased amount and rejected JRS’s claim that VJR overbilled.
• JRS’s counterclaim, alleging the RCC thickness was insufficient, was dismissed due to unreliable core sampling and lack of evidence.
• The court ordered JRS to pay $161,078.43 plus 5% pre-judgment interest from September 16, 2020.

2025 NSSC 58 (Costs Award)

• VJR sought $116,782.71 in legal fees and $34,157.88 in expert fees.
• JRS argued for a Tariff A cost award of $29,750.
• The court awarded 80% of legal fees ($66,100), full expert fees ($34,157.88), and $1,500 for costs of the application, totaling $101,757.88.

Final Outcome

• JRS must pay $161,078.43 plus 5% pre-judgment interest and $101,757.88 in costs, totaling $262,836.31 plus interest.