From Promise to Proof: Why Written Assurances Matter

In contract disputes, what’s written often outweighs what’s said. A written agreement that clearly sets out each parties’ rights and responsibilities creates binding terms and minimizes the risk of conflict.

A recent Newfoundland and Labrador decision, Sweetapple v. Dirtworx Landscaping, 2025 CanLII 51564 highlights why specific assurances should always be incorporated into written agreements.

In July 2024, Dianne Sweetapple (“Sweetapple”) hired Dirtworx Landscaping (“Dirtworx”) to lay asphalt millings on her driveway. After the work was completed, dandelions began growing through the surface of the newly laid millings.

Sweetapple claimed Dirtworx had assured her that vegetation would not sprout through the asphalt millings and sought a refund. Dirtworx denied making such assurances, stating it was impossible to guarantee that vegetation wouldn’t sprout. The written quote from Dirtworx to Sweetapple only specified “asphalt millings delivered, spread and compacted” and contained no guarantee regarding vegetation.

The Court interpreted the contract in a practical, common-sense way, focusing on what the parties intended and understood. It found that:

  • The agreement was limited to laying and compacting asphalt millings.
  • The written quote between the parties stated only that the work would consist of “asphalt millings delivered, spread and compacted.”
  • Sweetapple provided no proof the work was not performed in a good and workmanlike manner.
  • Sweetapple’s only evidence of a ‘no-vegetation’ assurance was her recollection that Geoffrey LeDrew, the owner of Dirtworx, told her that vegetation would not sprout up through the millings.
  • LeDrew testified - and Sweetapple agreed - that he had told her vegetation had sprouted in similar projects before, and that he recommended tarring the area for better results.

The Court dismissed the claim, finding that Sweetapple failed to prove any breach of the contract, and Sweetapple was ordered to pay Dirtworx $300 in costs.

The case reinforces a crucial legal reality:

  • Contracts are about certainty. If an assurance is important to you, make sure it appears in the written agreement.
  • Verbal assurances are hard to prove. In court, “he said, she said” rarely tips the scale without supporting evidence.
  • When interpreting contracts, courts apply a common sense approach. They first look to the words of the agreement to determine intent. If it is the intention of the parties to have certain work or terms included in a contract, including them in writing is the best way to avoid disputes.

Clear written terms are the best protection against future disputes. Our Construction Law team advises clients on drafting, interpreting, and enforcing contracts to help prevent and resolve construction-related conflicts.

The content of this article is intended to provide a general guide to the subject matter. Legal advice should be sought for specific circumstances.