d) Painters
i) The Claim126.The original claim for this item was £4,210. With the agreed reductions this figure became £3,748. ii) The Problems With The Claim As Presented127.The problems with this element of the work claim are dealt with in Section 2.4 of Mr Thomas’ report. They are essentially the same as those general matters set out in paragraphs 59-77 above, namely the absence of any proper guide to what work was carried out, when and at what rate. 128.In particular, Mr Thomas demonstrated that, on the basis of the unparticularised invoices, either the painting work undertaken for Brit Inns was done 2.6 times more slowly than industry norms, or the painters had charged for working in areas other than the basement. Because I find that there were no factors peculiar to the basement which would have resulted in the works being undertaken in an inefficient manner, Mr Thomas was rightly unable to accept the reasonableness of the sums claimed. 129.As with other items, Mr Barber was unable to help with the detail of the works carried out. Neither was there any specific information from Mr Penny to make good the gaps. In those circumstances, I again accept Mr Thomas’ assessment and I accept his valuation as being the appropriate method to adopt to arrive at a reasonable figure. Again I note that, in his closing submissions, Mr Plewman adopted, with modifications, Mr Thomas’ figures.iii) Mr Thomas’ Valuation130.Mr Thomas valued the painting work at £1,920. This was based on 16 man days. iv) Modifications to Mr Thomas’ Figures131.In cross-examination, it was suggested that there were other matters which made the painting element of the reinstatement fit-out works inefficient or difficult. As noted above, I reject that notion. These were straightforward painting works and were entirely normal.132.Another point put to Mr Thomas was that he was wrong to conclude that the defendants had no liability for the painting of doors and door linings, architraves and the like. Mr Thomas’ view was based on the assumption that these items, if they were damaged at all, were damaged by the first inundation and had been removed (and not replaced) by the time of the second inundation (see paragraph 109 above). For the reasons set out above, I accept that assumption as being factually accurate. Mr Thomas was therefore right to exclude such works. I therefore reject the £600 addition sought in Brit Inns’ closing submissions.133.Accordingly, for those reasons, I accept the reasonable valuation of this element of the labour work in the sum of
- MR JUSTICE COULSON
- Approved Judgment
- Section 2
- Sections 3
- Sections 5
- Section 7
- Section 8
- a) Materials
- b) Contractors/Labour
- c) Total Figure
- East Ham Corporation v Bernard Sunley & Sons Ltd
- The Maersk Colombo
- Trustees of the Hospital for Sick Children v McLaughlin & Harvey PLC
- McGlinn v Waltham Contractors and Others
- Skandia Property (UK) Ltd v Thames Water Utilities Ltd
- Chaplin v Hicks
- Ashcroft v Curtin
- a) Introduction
- b) No Fixed Scope
- c) Inadequate Invoices
- £12925.00
- d) Wrongly Claimed Invoices
- e) The Absence Of Evidence Of Payment
- f) Absence Of Evidence From The Contractors
- g) Comparison With Original Fit-Out Costs
- h) Summary
- Section 4.4
- £47,654.89
- The Claim
- The Problems With The Claim As Presented
- Mr Thomas’ Valuation
- iv) Modifications To Mr Thomas’ Figures
- £17,500
- c) Electricians
- Modifications to Mr Thomas’ Figures
- £25,750
- d) Painters
- £1,650
- f) Plumbing
- Possible Modifications To Mr Thomas’ Figures
- £7,118
- g) SP Contracts
- The Proper Analysis
- £28,681
- The Problems
- £4,842.50
- i) Manhole and Related Works
- j) Conclusions
- a) Overview
- b) The Experts’ Joint Statement
- c) The Individual Items
- Invoice 1: Temporary Signs £13.08
- Invoices 3, 95, 100, 120, 122, 138, 172, 205, 219, 236, 237 and 259
- Invoices 32 and 36: Storage of Cubicles (£300) and New Cubicles (£5,495.62)
- Invoices 56, 59 and 61
- Invoices 101, 101a and 102
- Invoice 149
- Invoice 177: Urinal and Furniture
- Invoices 221 and 222
- Invoice 232: Reprogramming and Training
- Invoice 248
- Invoice 69: TV Cable and Invoice 310: Soap Dispensers
- Invoices 313 and 332 (Various Glazing)
- d) Conclusions
- Section 4.2
- Section 4.4
- Sections 4.2
- Sections 5.2
- Section 6
- Section 6.2
- Sections 6.2
- Section 6.4
- Section 6.5
- Section 6.6
- Section 6.7
- a) The Issue
- b) Uncertainty of Opening Dates
- c) Staff Issues
- d) Equipment Failures
- e) Smell
- f) Summary
- b) Mr Isaac’s Analysis
- £20,779
- £16,403.24
- Section 7
- £173,871.13
