Weekes v Gibbons

• Jurisdiction: Montserrat
• Court: High Court (Montserrat)
• Judge: Georges, J.
• Judgment Date: 31 July 1992
• Neutral Citation: MS 1992 HC 13
• Docket Number: 109A of 1990
• Date: 31 July 1992

Weekes

and

Gibbons

Georges, J.

109A of 1990

High Court

Contract - Breach of contract — Damages — Claim for damages for breach of an oral contract entered into between the defendant and himself, whereby the plaintiff undertook to carry out certain building works on the defendant's dwelling house — Regulations of Building and Civil Engineering Contracting Undertakings Ordinance 1968 — Registration of such contracts under s. 3 and 5 of that Ordinance — Contravention of Ordinance as contract in instant case was not registered therefore unenforceable and action is therefore dismissed.

Georges, J.

1 In this case, the plaintiff, a small contractor claims damages for breach of an oral contract entered into between the defendant and himself on or about the 23rd day of June, 1990 whereby the plaintiff undertook to carry out certain building works on the defendant's dwelling house at Dyers following damage to it by Hurricane Hugo,

2 The contract which was for labour only entailed:–

• (1) Demolition of then existing walls so far as was necessary to accommodate the defendant's Plan.

• (2) Extension of foundation to required size.

• (3) Rebuilding internal and external walls up to band height.

• (4) Installing all windows and doors;

3 all for the agreed sum of $34,000.00 to be drawn at the discretion of the plaintiff as work progressed.

4 The evidence revealed and it was not disputed that the plaintiff duly commenced work on Monday 25th June, 1990 with a gang of six workmen and continued working until Monday 23rd July when according to the plaintiff, he ceased work at the request of the defendant to permit the electrical installation to be put in place and for the roof to be put on by other workmen. Those items of work were outside the plaintiff's contract.

5 After some weeks had elapsed, the plaintiff told the court that he approached the defendant on 13th August, 1990 at Aymers Ghaut and inquired of him when he (the plaintiff) would be in a position to resume work; whereupon the defendant told him, “Boy, me no got no money and furthermore to that I give the job to somebody else already.”

6 The plaintiff was understandably aghast by the defendant's behaviour and on 8th October, 1990 filed a writ against him claiming damages in the sum of $10,300 for breach of contract or in the alternative for the sum of $7,285 an a quantum merit basis for work already performed in respect of which he had not yet been...