f) Plumbing
i) The Claim140.The original claim was £17,350. That was reduced as a result of the experts’ agreement to £13,900. That sum is still claimed in full by Brit Inns.ii) The Problems With The Claim As Presented141.The general problems with this head of claim are set out at paragraphs 59-77 above; the specific problems were dealt with in section 2.8 of Mr Thomas’ report. The principal difficulty was the complete absence of any detail at all in the GBM invoices. Indeed, I have taken one of those invoices as an example of an invoice in this case which contains absolutely no helpful information whatsoever: see paragraphs 63-64 above. Again, Mr Barber was unable to help. Mr Penny at one point suggested that the sum of £11,000 was a fixed price, but when it was pointed out to him that there was another invoice from GBM, he was reduced to saying that possibly the sub-contractor had got “confused”. To be fair to Mr Penny, he said that he could not really remember the detail of what work was carried out or in what circumstances. Mr Penny was also unable to say why the plumbing work was so much more than the £10,000 odd for the original fit-out on two floors. 142.In those circumstances, bearing in mind my views at paragraphs 78-91 above, I again find that Mr Thomas’ methodology is the one to be preferred.iii) Mr Thomas’ Valuation143.Mr Thomas valued the claim in detail and arrived at the sum of £6,468. He made plain that this was based on his discussions with Mr Jeff Malloy, the owner of GBM. Importantly, Mr Malloy told him that his work only related to hot and cold water supplies and wastes from the sinks and sanitary ware. 144.On the face of it, it seems to me that Mr Thomas’ valuation was reasonable and reliable, save for any particular modifications which he accepted in cross-examination. iv)
- 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
