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Sub-contractor awarded $10,000 for extra work

Carpenter Mr. Lawrence Godwin sued general contractor Mr. Gladwin Harvey for unpaid money he said was due him."Building contracts are a notoriously fertile source of litigation worldwide and Bermuda is no exception,'' acting Puisne Judge the Hon. Mr.

performed on two building jobs.

Carpenter Mr. Lawrence Godwin sued general contractor Mr. Gladwin Harvey for unpaid money he said was due him.

"Building contracts are a notoriously fertile source of litigation worldwide and Bermuda is no exception,'' acting Puisne Judge the Hon. Mr. Justice Brown said in a written judgment. "They are a particularly fruitful source where there is no detailed contract in existence, as is the case here.'' The claims related to Mr. Godwin's carpentry work on two residential jobs for which Mr. Harvey was the general contractor. One job was for Mr. Ian Gordon, the other for Mr. David Barker.

In each case, Mr. Harvey said he did not tell Mr. Godwin to perform the extra work, and there was "no contractual relationship between him and the plaintiff which gives rise to any obligation to pay him.'' But Mr. Justice Brown awarded the sub-contractor part of the amount he claimed in each case. In total, he awarded Mr. Godwin $9,583.31, plus interest.

In the first job, Mr. Harvey said it was Mr. Gordon or his wife who asked Mr.

Godwin to do extra work, and "the plaintiff should look to them for payment of his claim.'' The judge noted there was "a direct and basic clash of evidence'' on this point, and neither of the Gordons were called to clarify matters.

Relying heavily on an invoice from Mr. Godwin addressed to Mr. Harvey for extra carpentry work done in the attic storage area and to Mr. Gordon for extra work on the kitchen cabinet and blinds, Mr. Justice Brown concluded the contractor was responsible for the former charges, but not the latter ones.

"The plaintiff succeeds on this part of his claim in the sum of $1,176.80, being the difference between the gross invoice and the charges for the kitchen cabinet and blinds,'' the judgment said.

On the job to construct a new house for Mr. Barker, Mr. Harvey said the $36,455 that Mr. Godwin received was payment in full, if not overpayment. The carpenter "never submitted a proper account with detailed invoices for work he alleges he has done,'' he said.

Based on court testimony and invoices, Mr. Justice Brown concluded the carpenter should be paid for extra work valued at $12,458.15 on the Barker job. But he deducted $2,874.85 from that amount for "errors and mistakes and padding'' in invoices Mr. Godwin submitted.

Mr. Godwin was represented by Mr. Steven Hankey, while Mr. Harvey was represented by Mr. Charles Vaucrosson.