Claimant Receives Over £10,000.00 Following Breach of Contract
Sub-Sub-Contractor Receives £10,000 Plus Their Legal Fees Following Breach of Contract
The Claimant, a sub-sub-contractor providing electrical services, instructed Morrish Solicitors following a breach of contract.
The Claimant was retained by a sub-contractor (the Defendant) to install the electrics in a new car showroom building. Whilst on site and due to adaptations by the main contractor, the Defendants’ project manager requested that the Claimant undertake several other jobs not covered by the main contract.
Later the Defendant sought to withhold payment on the basis that the works were not covered by the original contract and the project manager did not have authority to vary the terms and conditions of the original contract.
Proceedings were issued and the Defendant pursued a counter-claim against the Claimant for circa £25,000.00.
The case went to trial and the Claimant. The trial Judge held that the project manager had ostensible authority to vary the contract on the Defendant’s behalf and that the Defendant would have been unjustly enriched had they not paid for the extra works. The Claimant was awarded damages and costs and the counterclaim was dismissed.
Working on the case for 18 months, our specialist Dispute Resolution Solicitor, Julia Fenton commented, “This was an excellent result for sub-contractors who often find themselves in difficulties being paid for extra work authorised by the main contractor, but not forming part of the original contract. It was encouraging that the Court was willing to look behind the main terms of the contract to ensure that the company were reimbursed for work that had been carried out at the request of the main contractor.”
Specialist Dispute Resolution Solicitors
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