← University
Breach of Contract and Your Remedies
0 of 4

A homeowner in Alberta wished to re-shingle the roof of their residence. A roofing contractor contacted the homeowner and arranged an on-site visit to provide an estimate, presenting various roofing materials as examples. The homeowner agreed to proceed, signed the estimate, and selected a specific shingle material and color. The homeowner then paid the roofing contractor a $20,000 deposit. Three days later, the roofing contractor contacted the homeowner and advised that the color the homeowner had selected was unavailable. The homeowner requested a full refund of the deposit. The roofing contractor refused to return the deposit, asserting that the particular color shingle would be unavailable from any roofing company, not just from them.

How Material Specifications Create Binding Obligations in Home Renovation Contracts

When a homeowner in Red Deer sits down with a roofing contractor at her kitchen table on a Tuesday afternoon at 2:30 PM, examining physical samples of asphalt shingles spread across the surface, she is not merely engaging in casual conversation about home improvement preferences. The moment she points to a specific charcoal slate sample and says "I want this one," then signs an estimate document that records that selection, she is establishing a material specification that carries substantial legal weight under Alberta contract law. This selection becomes woven into the fabric of the contractual agreement itself, transforming a general service arrangement into one governed by precise obligations. The roofing contractor who nods in agreement, accepts a deposit of twenty thousand dollars, and proceeds to order materials has bound themselves to deliver not merely roofing services in the abstract, but roofing services utilizing that exact product.

The legal significance of material specifications in home renovation contracts flows from fundamental principles of contract formation that have developed over centuries of common law jurisprudence. Alberta courts have consistently recognized that when parties take the time to specify particular products, colors, grades, or brands within their agreements, these specifications constitute essential terms rather than mere suggestions or preferences. The distinction matters enormously when disputes arise, because a breach involving an essential term triggers remedies that may not be available when the breach concerns a minor or incidental aspect of the contract. When the homeowner in Red Deer learns three days after paying her deposit that the charcoal slate shingles she selected are unavailable, she confronts precisely this situation: the contractor cannot perform the contract as specified, and the question of what happens next depends entirely on how Alberta law treats the material specification she made.

That’s the free preview

You’ve reached the end of what’s open to read. The rest of this lesson is part of a $79 course — purchasing unlocks it, or sign in if you already have access.