Xaidsart lawyers Phil Tunley and Fredrick Schumann successfully defended an action for breach of a construction contract against Kashechewan First Nation, and prevailed in aspects of its counterclaim against the contractor. In a 34-page written trial decision, Mr. Justice E.J. Koke found that the First Nation did not breach the contract and was not liable for the extras or progress billing amounts claimed. He found that the contractor breached the contract by using improper construction techniques and by abandoning the project without cause. He found that the First Nation was able to complete the project within budget, using its own resources, and he allowed its counterclaims for the cost of replacement materials, tools, equipment and additional contract administration costs to the extent of the remaining holdback funds. He subsequently allowed the First Nation costs in the amount of $218,850.45 (2015 ONSC 1989).
