Modifications to Mr Thomas’ Figures
121.Again, although they were not suggested by Mr Woodall, various possible increases in the £13,250 figure were put to Mr Thomas in cross-examination. As I have already noted, Mr Thomas was adamant that the sums claimed in the invoices were unreasonable and was doubtful as to whether the work had actually been carried out. He denied that his valuation was based on “a feeling”; instead, he explained how, having reached the conclusion that the invoices were unreasonable and unreliable, he had valued the work in a different way. He also explained how and why his figure was akin to the cost of the electrical element of the original fit-out works.122.Notwithstanding this, and contrary to Mr Miller’s firm submission that the valuation should not be increased, there was one area where I concluded that Mr Thomas’ valuation was, in his own word, “light”. He had not thought that it was reasonable for there to be a full strip-out of all the electrics. Whilst I consider that he may well be right about that, it appears from the evidence, including the undisputed evidence of Mr Garry, that there was a full strip-out to which nobody raised any objection at the time. In such circumstances, I consider that this is the sort of matter on which the party on whose behalf the work was carried out, and who is claiming the cost thereof, is entitled to the benefit of the doubt. 123.The problem was the calculation of the additional amount for the full stripping out. Mr Thomas was asked to deal with that, on the hoof, in cross-examination and in re-examination. It was not a process that was very fair to the witness, and it is unsurprising that his answers were rather muddled. However, I concluded that what he was saying was that the £12,500 for the basic work would become £25,000, whilst everything else stayed the same. That would increase the reasonable valuation to
- 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
