g) SP Contracts
i) The Claim148.The claim in respect of SP Contracts is in the sum of £55,854.64. The experts agreed a reduction of £5,168.75, making a total claim of £50,685.89. ii) The Problems With The Claim As Presented149.The problems with Mr Penny’s invoices were the same as those relating to other contractors. There was no detail of what was done. Mr Barber agreed that he had not made any enquires as to the work done by Mr Penny. Mr Penny himself agreed that no one else could check the invoices other than him and there was no detail to support them. There had been a diary but that had been destroyed although, as Mr Penny fairly accepted, that would not have recorded his hours in any event. 150.This was unfortunate because there was a significant problem with Mr Penny’s hours as claimed. He accepted that when he was cross-examined. When the figures for his various claims arising out of the second inundation were added up and put to him, they came to 223 days. He agreed that “There is something not right here”. In my view, the total of 223 days was incapable of being justified. iii) Mr Thomas’ Valuation151.Mr Thomas valued the works by allowing £25,000 on the basis of allowing one week’s work in the period January/February 2007 and 19 weeks from June to October 2007. 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
