Nature of the Motion

• Koler Construction Inc. filed a motion requesting Falcon Forming Inc. to produce or identify supporting documentation related to additional costs and delays specified in Falcon’s Scott Schedule. Koler also requested Falcon to confirm if no further information was available.

Key Points

• Contract Dispute: The core dispute is whether the contract was a scope of work contract (as Koler claims) or a labour-only contract (as Falcon claims). The contract was for Falcon to complete formwork, install rebar, and place concrete within 25 weeks.
• Delays and Costs: Falcon alleged that delays caused by Koler extended the project by two months, resulting in additional invoiced costs of $705,873.34.
• Inadequate Particulars: Koler claimed Falcon failed to provide adequate details supporting the delay and additional costs, with Falcon’s position shifting during the litigation.
• Falcon’s Position: Falcon maintained that it had provided all available evidence and adequately particularized its claim in the Scott Schedule.

Court’s Analysis

• Scott Schedule: A tool used in construction lien proceedings to particularize claims without evidence, assisting in identifying disputed issues.
• Disclosure Necessity: The court found that Falcon’s Scott Schedule did not fully answer the questions regarding the delay claims. Koler was entitled to further particulars to understand the basis of the delay claim.

Court’s Order

• Falcon is required to provide additional particulars and supporting documentation related to the additional costs and delays mentioned in its Scott Schedule.

Costs

• Parties are urged to settle costs. If unable to agree, written submissions are to be provided by specified dates.
• No monetary award specified.