Law Cs Case(Swimming Solariums) Ds Case(Grant Garvey)

Contract
- Nature (Written
Contract)
- When (Jan 21, 2013),
work started (12 March
2013);Completed (1
May 2013)
- Where (Ds house)
- Who Builder (Swimming
Solariums)
- Purpose (Build an
indoor heated
swimming pool and
Solarium and install
gymnasium equipment
for 55,000

- Wants the outstanding
balance paid by D, for
the work done.
- Does not want to pay
for the work done as C
argues that there is an
implied term that there
takes reasonable skill
and care when
completing a pool. C is
seeking damages from
the flooding of Cs gym
by a defective pool.
- **Admits to Paragraphs
1,2,3 of Particulars of
Claim***
Terms
- Express;- Balance of
contract price would be
payable within 28 days
of completed work and
Ds satisfaction.
- Implied
- Balance of the contract
to be payable within 28
days of completion of
the works to the
Defendants
satisfaction.
- Work was completed 1
May 2013 and invoiced
on 29 May 2013
- Wants interest of
3,104.11 from 29 May
to 10 September 2013,
at a continuing daily
value of 30.14
- Has failed to pay the
balance owed from the
completion of the work
done.
- On Counterclaim:
Payment is not due
because the works have
not been completed to
the Ds satisfaction
because the swimming
pool built by the C had
flooded the solarium
and gym. **Implied
term of the contract
that the C would
exercise reasonable skill
and care in the
performance of the
contract.
- *Denies the debt to the
C
Performance

Built the pool and provided the
equipment as per contract
Has failed to pay the balance to
the C and believe he is not in
debt to C because of the
damage of flooding
Breach Failure to pay Breach of an implied term
Loss & Damage 55000 and interest of 30.14
Was 66,000.00, however C pays
11,000
75,000 + Vat 15,000 = 90,000

- Electrical gym
equip=10,100 + VAT
- Poolside
furniture=21,000 (says
3500)
- Chlorinating and
filtration
system=15,000 (even
though it costs 9,000)
- Drying out= 5,000
- Refund memberships=
12,500
- Kitchen & bar=11,4000



Contractual
agreement
21/01/2013
Work stats on
pool/gym
12/03/2013
Completed pool
and gym
01/05/2013
Invoice to C for
remainder of
55,000 (balance
02/05/2013. (28
days to pay)
29/05/2013
Reminder
invoice
03/06/2013
Phone call from
Ali Rahman
10/06/2013, to
D's wife
D speaks to
Mr.Ali Rahman
early July and
agreed to pay
balance at the
end of Augus.
Offered to begin
paying 15,000
per month.


Letter from C's
Solicitors
30/08/2013
wanting
payment by
07/09/2013 or
court
proceedings
Proceedings
issued
10/09/2013
Default
judgment
according to C
28/09/2013
D's N244Notes,
state default
notice occured
30/09/2013
D's application
to the court to
set aside
Default
judgment was
on 07/10/2013
(Counterclaim)
Counterclaim
has witness
statement from
D (same date)
D on
2/09/2013
notices' gym
flooded by
overfilled
pool
D recieved
claim form
on
10/09/2013
and
Particulars of
claim
13/09/2013
D goes
abroad for
business
15/09/2013
& returns
27/09/2013
Pool
mechanic
inspects pool
and the
issues of it
18/09/2013
30/09/2013
10:30am-
High Court
Enforcement
Officers