Urguhart v Partington

The applicants, J B and B Urguhart trading as Hart Renovations, sought to recover monies due under a building contract, damages, interest and costs. The respondents, Philip and Evelyn Partington, denied that they were in breach of the contract and counterclaimed for defective and incomplete building work. The issues to be determined were: (1) whether the building works reached the enclosed stage; (2) whether the applicants lawfully terminated the contract; (3) if the works did not reach the enclosed stage what was the value of the applicants quantum meruit claim; (4) if the applicants lawfully terminated the contract what were the damages flowing from the respondents’ breach; (5) what were the defects, if any, to the enclosed stage; (6) what was the value of the cost to rectify or incomplete building work to the enclosed stage; and (7) if the contract was unlawfully terminated what damages were claimed by the respondents and what damages were recoverable. The Tribunal found that the works had reached the enclosed stage and that the applicants lawfully terminated the contract. The applicants were entitled to damages for breach of contract in the sum of $214,946.00. The respondents were liable for the cost of rectification and completion of work to the sum of $62,500.00. The applicants were liable to pay the respondents $62,500.00. The respondents were ordered to pay the applicants the costs thrown away because of the adjournment of the hearing and the experts conclave listed for 22 August 2011 to be agreed or assessed on the District Court Scale of Costs, or failing agreement; (i) the applicant must file in the Tribunal and give to the respondents a short form assessment of costs together with any submissions on the amount of costs payable by 12 April 2013; (ii) the respondents must file and give to the applicant any submissions in reply by 26 April 2013; and (iii) the amount of the costs payable by the respondents will be determined on the papers without an oral hearing.