A BUILDING DISPUTE

Pukekohe & Waiuku Times, Volume 6, Issue 277, 22 May 1917, Page 4

A BUILDING DISPUTE

A Sub-Contractor's Claim. A claim in connection with the painting and papering of a house at Pukekohe erected last year for Mr J. K. Ledger, surveyor, has led to lengthy and still unfinished litigation, despite the fact that the sum in dispute is only £l7 Is 6d. The claimant is Mr David Gilbert, painter and paperhanger, of Pukekohe, and the defendants are Messrs J. T. Hodgson & Bons, contractors of Auckland, the builders of the house, Mr Gilbert's case being that he was employed by Messrs Hodgson to carry out the painting and papering work and that he had duly carried the same out. As an alternative cause of action plaintiff further sets forth that if the work was not done to the satisfaction of the architect, Mr F. W. Mountjoy, it was due to Messrs Hodgson having used green timber for the walls and ceilings. The counsel engaged in the case are Mr McConnell (Messrs Bamford and Brown) for Mr Gilbert and Mr J. G. Haddow for the defendants.

The hearing of the action commenced at the Pukekohe Court before Mr F. V. Frazer, S.M., on April oth, when Harold James Rollinson, painter, of Pukekohe, deposed that in September last he inspected the house at plaintiff's request and found the paperhanging well done although there were brown spots like rust over the tacks. He considered that lining paper should have been ordered by the architect to be put under the wall paper.

Further evidence was taken on Thursday last.

The plaintiff deposed that he never before had litigation over his work nor had complaints been made about his work. On May 22nd, of last year, he agreed to do certain work for Mr Hodgson at Mr Ledger's house. The price agreed on was £7O. He commenced work at once and completed according to specifications as varied by agreement. He considered he did a first-class job and that it was first-class when he left it. No lining paper was used. He had spoken to Mr Ledger and also to Hodgson about the need for lining papers. As a result of conversations he was told not to use lining papers. At first he did not know how very green the wood was, but his experience showed that it was the greenest house he had painted on.

John Routly, architect, Pukekohe, stated that he had inspected the ceilings of the house and many were shrunken. He was of opinion that the timber was not half seasoned.

Similar evidence was given by Wm. Henry Fausett, builder of Pukekohe.

For the defence, John Kirkwood Ledger, surveyor, deposed that he was the owner of the house in question. He left arrangements for the building to Mr Mount joy as architect. He noticed the spots in the front room on the day Hodgson gave him the key about the first week in September. He also saw waves in the paper within two or three weeks. He.did.not notice dampness in the paper or blue mould. He left the objections to the architect to settle. He could not say if the timber was wet. In two or three weelcs the dining room paper got wavy, and it became worse in wet weather. The loosening of the paper from the wall also got worse as time went on. The ceilings commenced to shrink early in the summer. Mr Mountjoy said he was not satisfied with the job. Mr John Davidson, paperhanger of Auckland, stated that he had inspected the house that day (Thursday). There had apparently been no dampness in the timber as there was no blue mould. A lining paper was an improvement but with proper paste and workmanship one could do as good a job without it. At this stage the hearing was again adjourned, further evidence to be taken in Auckland.