Shaw (Gordon) Concrete Products Ltd. v. Design Collaborative Ltd., (1986) 72 N.S.R.(2d) 133 (CA)

• Judge: Jones, Macdonald and Pace, JJ.A.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: January 08, 1986
• Jurisdiction: Nova Scotia
• Citations: (1986), 72 N.S.R.(2d) 133 (CA)

Shaw Concrete v. Design Collabor. (1986), 72 N.S.R.(2d) 133 (CA);

              173 A.P.R. 133

MLB headnote and full text

Gordon Shaw Concrete Products Limited v. Design Collaborative Limited

(S.C.A. 10435)

Indexed As: Shaw (Gordon) Concrete Products Ltd. v. Design Collaborative Ltd.

Nova Scotia Supreme Court

Appeal Division

Jones, Macdonald and Pace, JJ.A.

January 8, 1986.

Summary:

An architectural firm contracted with a concrete manufacturer to design an earth-sheltered home to be sold on the market in the $60,000 range. The architect estimated the cost at $60,144, but the actual cost turned out to be in excess of $100,000. The concrete manufacturer brought an action for negligent misrepresentation to recover the fee paid to the architectural firm, plus damages and interest. The firm counterclaimed for its fee.

The Nova Scotia Supreme Court, Trial Division, in a judgment reported (1985), 67 N.S.R.(2d) 299; 155 A.P.R. 299, allowed the action and dismissed the counterclaim. The architectural firm appealed.

The Nova Scotia Supreme Court, Appeal Division, dismissed the appeal.

Building Contracts - Topic 5495

Architects and engineers - Duties to owner - General - The Nova Scotia Court of Appeal generally discussed the duties of an architect in designing a building for a client - See paragraphs 28 to 39.

Building Contracts - Topic 5503

Architects and engineers - Duties to owner - Respecting design of building where owner imposes cost limitations - An architect orally agreed to design an earth-sheltered home in the $60,000 range - The architect estimated the cost at $60,144, but the actual price turned out to be in excess of $100,000 - The Nova Scotia Court of Appeal held that the architect was negligent in failing to design a home within reasonable closeness to the estimated cost - See paragraphs 5 to 41.

Evidence - Topic 6200

Parol evidence rule - General - The Nova Scotia Court of Appeal generally discussed the parol evidence rule - See paragraph 21.

Cases Noticed:

Savage v. Board of School Trustees of Alberni Number 70 (1951), 2 W.W.R.(N.S.) 30 (B.C.C.A.), refd to. [para. 28].

Saxby and Pokorny v. Fowler (1977), 3 A.R. 607; 3 Alta. L.R.(2d) 607, refd to. [para. 35].

Slaunwhite v. MacMaster (1977), 21 N.S.R.(2d) 343; 28 A.P.R. 343, refd to. [para. 36].

Pratt v. St. Albert Protestant Separate School District Number 6 (1969), 5 D.L.R.(3d) 451 (Alta. C.A.), affd. (1970), 7 D.L.R.(3d) 192 (S.C.C.), refd to. [para. 38].

Hollier v. Rambler Motors (A.M.C.) Limited, [1972] 2 Q.B. 71, refd to. [para. 40].

Authors and Works Noticed:

Cheshire and Fifoot, The Law of Contract (7th Ed.), p. 104 [para. 21].

Fridman, The Law of Contract, pp. 245 et seq. [para. 21].

Hudson's Building and Engineering Contracts (10th Ed.), p. 144 [para. 33].

Counsel:

Matthew W. Napier, for the appellant;

Barbara Stewart Penick, for the respondent.

This appeal was heard on October 16, 1985, before Jones, Macdonald and Pace, JJ.A., of the Nova Scotia Supreme Court, Appeal Division.

On January 8, 1986, Macdonald, J.A., delivered the following judgment for the Court of Appeal.