BUILDING CONTRACT CLAIM

Dominion, Volume 11, Issue 204, 17 May 1918, Page 6

BUILDING CONTRACT CLAIM

RESERVED JUDGMENT.

Mr. W. G. Riddell, S.M., delivered reserved judgment yesterday in the civil case in which "Upton and Shearer, building vontraciors, claimed from G. H. j Thompson tho sum of Mil ss. 3d., in j respect of the erection of two cottages at I Day's Bay, and 255. for the erection of ■ a screen at a house in Oriental Bay. : Plaintiffs also claimed interest at 10 per ; cent on the larger amount, totalling =£2 , 10s. 7d. Tho cottages wero duly coiu- ; pleted and the final certificate was given ', by defendant's architect, Mr. W. Fiold- . ing, for ,£l4l ss. 3d. Certain sections ' of ttio work wero considered by tho defendant to be unsatisfactory, and he wrote plaintiffs disputing the amount and stating that he intended to counterclaim for damages. No counter-claim, however, was filed, though evidence was called to show that there was 6omo reason for complaint. Tho Magistrate considered that defendant was entitled to an allowance for the substitution of aml p : .ne plate for ono if heart of totara, and to an increased allowance for the inferior work on beaver-board lining. Ho was also of tho opinion that a further allowance should be made in respect to tho damage caused by certain stains which appeared through the white painting of parts of , the interior. The claim for interest was not allowed, and judgment was given for plaintiffs for the sum of .£125 10s. 2d., with costs amounting to <£10 18s. At the hearing Mr. D. R. Hoggard appeared for the plaintiffs, and Mr. A. W. Blair for defendant.