Contractor Entitled to Payment for Completed Work - Civil Resolution Tribunal Decision
⚖️ Legal holding
A contractor is entitled to payment upon substantial completion of the work, less any valid set-offs.
📚 Full judgment
The summary, holding and questions above are VadeLab’s own material. The official decision itself is published by the court, and we do not reproduce it on this page.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The contractor provided sufficient evidence that the work was substantially complete.
- The tribunal member found the respondent did not provide adequate proof that the work was incomplete or improperly done.
- The contractor is entitled to pre-judgment interest under the Court Order Interest Act.
❌ Tends to be rejected
- The respondent claimed a set-off for soil spreading, but the tribunal found insufficient evidence to support this claim.
- The respondent attempted to deduct fuel charges from the invoice, but the tribunal ruled these charges were not agreed upon.
- The respondent tried to deduct bank fees for obtaining bank drafts, but the tribunal determined the respondent chose the payment method and thus was not entitled to this deduction.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Tribunal decided the respondent owed the claimant $2,755.28 for completed work, less certain deductions.
What was the dispute about?
The dispute was about whether the respondent owed the claimant for completed work, and if so, how much, and whether the claimant was entitled to contractual interest.
How did the court decide, and why?
The court decided the claimant was entitled to payment for completed work, less certain deductions, because the claimant proved the work was substantially complete, while the respondent failed to prove any set-offs.
Which laws or rules were applied?
The Civil Resolution Tribunal Act sections 118, 42, and 39 were applied.
Was the decision for or against the person who brought the case?
The decision was for the claimant.
What does this mean for someone in a similar situation?
Someone in a similar situation should ensure they have clear documentation of the work completed and any agreements made regarding payment.
What evidence or documents mattered?
Photographs of the work at various stages, invoices, and payment records mattered.