JCTMW2011 — News — Lee Kyson Building Consultancy

Lee served an ex parte Award and has been informed his membership of P&T will not be offered to him for renewal. He stood by his principles acting on behalf of his appointing owner.

JCTMW2011

Contractual muddle

The problem concerned contract administration, liquidation, subcontractor, damaged works.

Lee Kyson was was asked to ascertain liability for work that had been damaged during the course of construction. The Employer (E) had carried out some work himself and the Contractor (C) maintained that the E was at fault for the £9k cost of repairs.

C had gone into liquidation, the work had been carried out by a subcontractor, the original partners of C carried on with project, E had carried out some associated works himself. 

After having looked through the documents, contract and correspondence a very time consuming task, Lee ascertained that the partners of C who completed the project were liable for the costs of the repair.

However as a goodwill gesture E voluntarily contributed towards the costs.