How have courts dealt with a claim for extra work done outside of two main contracts?
Saskatchewan, Canada
The following excerpt is from Ostapowich v. West Masonry Construction Ltd., 2008 SKPC 129 (CanLII):
The case of N.K.P. Painting v. Polygrand Developments Inc. [1995] L.J. No. 1070 (On. Ct. Jus) deals with a claim for payment for extra work done outside of two main painting contracts. The painter was unable to produce any records to show on which days the work in question was done or how many hours were spent. The customer claimed that the “extras” were actually included in the main contracts. Once again, the contractor was unable to prove its claim because of his failure to keep and produce detailed records.
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