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
