Ron’s Trenching & Hauling v. Estevan (1985), 38 Sask.R. 129 (QB)
MLB headnote and full text
Ron’s Trenching and Hauling Ltd. v. City of Estevan
(No. 69)
Indexed As: Ron’s Trenching and Hauling Ltd. v. Estevan
Saskatchewan Court of Queen’s Bench
Judicial Centre of Estevan
Matheson, J.
January 28, 1985.
Summary:
A contractor agreed to replace underground watermains for the City of Estevan. Because of an order by an occupational health officer the trenches were excavated to a width of 13 feet rather than 42 inches. The contractor claimed an extra for the additional excavation work.
The Saskatchewan Court of Queen’s Bench dismissed the contractor’s claim.
Building Contracts – Topic 2624
Compensation to builder – Extras – What constitutes an extra – The Saskatchewan Court of Queen’s Bench referred to a definition of an “extra” (see paragraphs 8 and 9).
Building Contracts – Topic 2624
Compensation to builder – Extra – What constitutes – A contractor agreed to replace watermains for a city – When a workman was injured an occupational health officer ordered that the walls of the trenches be “cut back to at least 30% or more” – The trenches were then excavated to a width of 13 feet rather than 42 inches – The Saskatchewan Court of Queen’s Bench dismissed the contractor’s claim for an extra for the additional excavation work – The court stated that the additional work was not requested by the owner and the additional trenching could not be regarded as substantially different from the scope of the work originally contemplated (see paragraphs 15 to 17).
Cases Noticed:
Sharpe v. San Paulo Railway Company (1873), L.R. 8 Ch. App. 597, refd to. [para. 6].
Authors and Works Noticed:
Goldsmith, Canadian Building Contracts (3rd Ed.), pp. 83 [para. 8]; 84 [para. 15].
Keating, Building Contracts (3rd Ed.), p. 63 [paras. 8 and 15].
Counsel:
P.D. Elash and D. Tangyerd, for the plaintiff;
L.V. Cundall, for the defendant, City.
This case was heard by Matheson, J., of the Saskatchewan Court of Queen’s Bench.
The decision of Matheson, J., was delivered on January 28, 1985.
