Case No. HT-11-503
Technology and Construction Court

Case No. HT-11-503

Fecha: 31-Jul-2012

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