Silec & Anor v Al Mamun & Anor (Civil Dispute)

The case between Silec & Anor (the applicants) and Al Mamun & Anor (the respondents) was brought before the tribunal to resolve disputes concerning the Building Contract. The primary issues revolved around the cost of extras payable by the respondents and the claim for liquidated damages. Additionally, the respondents asserted claims for defects and unfinished work.

The tribunal examined the enforceability of the contract, the extent of non-compliance by both parties, and the implications of informal arrangements on the claims for damages. The tribunal noted that while both parties had difficulties proving their claims under the Building Contract, the significant level of non-compliance by both parties meant that proof of non-compliance alone would not be sufficient to support damages claims, especially when a party has benefited from the informal arrangements. The tribunal found the document to be enforceable and resolved the disputes regarding the cost of extras and liquidated damages.

The tribunal ordered the respondents to pay the applicants $14,100, plus contractual interest and reimbursement of Tribunal fees. The applicants were required to provide a schedule of the total amount of interest claimed and how it is calculated, while the respondents were to complete a Scott's Schedule detailing their claims for defects and unfinished work. Either party could seek a further hearing, but if neither did, the tribunal would proceed to determine the interest payable and any necessary actions for rectifying defects and unfinished works.