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Background:
Isabella Fang and George Lin hired Bob Landscaping Corp., owned by Bozidav Vujicic, to level a property for $10,000. During the project, Bob Landscaping claimed additional work was necessary and invoiced the appellants for $88,557.84. The appellants paid $4,720 but refused to pay more, leading Bob Landscaping Corp. to sue for unpaid amounts and additional damages. The appellants counterclaimed for breach of contract.
Trial Court Decision:
The trial judge ruled that the original contract was valid and enforceable. He found that Bob Landscaping Corp. completed the work as agreed but was not entitled to additional compensation beyond the fixed contract price. The appellants were ordered to pay the remaining balance of $5,280. The trial judge dismissed Bob Landscaping’s additional claims and the appellants’ counterclaim. Each party was ordered to bear its own costs.
Appeal and Issues:
The appellants argued that the trial judge erred by not considering material specifications as essential terms. They also sought trial and appeal costs. The Court of Appeal upheld the trial judge’s decision, ruling that the material details were not essential and that Bob Landscaping Corp. had substantially completed the contract.
Final Judgment:
The appeal was dismissed, and Bob Landscaping Corp. was awarded costs of the appeal. The total amount awarded to Bob Landscaping Corp. was $5,280, plus appeal costs.
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Appellant
Respondent
Court
Court of Appeals for British ColumbiaCase Number
CA48958Practice Area
Civil litigationAmount
$ 5,280Winner
RespondentTrial Start Date