A Bermudian couple has won their claim against a German developer contracted to build them a new home in Lousibourg, in Nova Scotia.According to the Cape Breton Post, Ryan Van Horne reported: “A Supreme Court judge took little time ruling that a German developer reneged on a contract with a Bermudian couple to build them a home at a languishing luxury golf resort and spa near Louisbourg.”Judge David Macadam ruled: “The agreement was breached by the developer for failure to build within the time stipulated,” said Macadam, who ordered Cape Breton Island Developers Inc. to repay Ian and Penny Davies $223,600.”The online newspaper reports: “The British expatriates paid the money in July 2008 as a down payment on land, furniture and a home that was supposed to be completed by July 31, 2009.“That did not happen, but the couple continued to ask Cape Breton Island Developers Inc. President Henric Bauermeister to give them a new date by which they could expect completion.“Cape Breton Island Developers Inc. lawyer Tim Hill had argued that by continuing to seek a new date, the couple had given a waiver.“Macadam, who agreed that it was a waiver, ruled that Bauermeister and Cape Breton Island Developers Inc. still had to respond and build with a ‘reasonable amount of time’.”Mr Hill also argued that the reason why the couple “wanted terminate the contract was because they were unable to secure financing at 75 percent of the value of the property”.The judge ruled that ultimately “that didn’t matter”. “The fact that the contract had been breached gave them the right to end it without notice,” he said.“They’re entitled to take whatever legal steps are available to them,” said Justice Macadam.The article states: “The couple, who are both accountants, had seen an ad promoting the Louisbourg Resort Golf and Spa — a $300-million resort and housing complex that was to have two Nick Faldo-designed golf courses, a spa and 400 luxury homes.”The couple’s lawsuit is not the only one involving the languishing resort “which won awards despite accomplishing little in the way of construction”.The Cape Breton Post reports: “Earlier this year, the Atlantic Canada Opportunities Agency (ACOA) filed a lawsuit against Cape Breton Island Developers Inc.“The notice of action claimed Cape Breton Island Developers Inc. owed ACOA more than $433,000 after it failed to meet repayment terms.”