**Case Overview**

  - Date: November 29, 2023

- The case involved a dispute between the plaintiff, B.A. Blacktop Ltd. (Blacktop), and the defendant, 1073661 BC Ltd. (107).

  - It revolved around a contract for road and services installation in Powell River's Westwood Creekside subdivision.

  - Blacktop had claimed unpaid invoices and additional costs due to negligence, while 107 had counterclaimed for damages stemming from Blacktop's alleged breach.

**Contract Details**

  - The contract had been signed on November 25, 2016.

  - The Accepted Bid had stated a price of $509,654.10.

  - The scope of work had been based on preliminary engineering drawings, and the City of Powell River had imposed specific requirements.

**Payment Dispute**

  - Blacktop had billed a total of $801,014.81, which had exceeded the Accepted Bid by $291,360.71.

  - 107 had made payments totaling $349,208.45, resulting in an outstanding balance of $451,806.36.

**Additional Claims**

  - Blacktop had sought to recover $181,995.13 for cleanup work necessitated by site washouts.

  - Blacktop had also claimed negligence related to erosion control issues.

**Counterclaim**

  - 107 had counterclaimed for $188,000, asserting that these damages had arisen due to Blacktop's alleged breach.

**Court's Decision**

  - The court had held 107 liable to Blacktop for $419,262.56, in addition to contractual interest.

  - Blacktop's claims in unjust enrichment and negligence had been dismissed.

  - 107's counterclaim had been entirely dismissed.

**Costs**

  - Blacktop had been entitled to costs on Scale B, with the possibility of further submissions being considered.