Quarmby Electrical Ltd. v Trant (t/a Trant Construction )

A novation of the sub-contracts occurred in April 2003, substituting Quarmby Electrical Ltd. for Quarmby and Son Ltd. as the electrical sub-contractor on all four projects. All electrical work was carried out after the novation, entitling Quarmby Electrical Ltd. to payment for the work, subject to deductions for defects and delays as assessed by the single joint expert.

Parties: Claimant: Quarmby Electrical Limited; Defendant: John Trant t/a Trant Construction
Jurisdiction: England and Wales
Judgment Date: 17 March 2005
Procedural Posture: Civil (construction Dispute) / Judgment After Trial
Outcome: Judgment for the claimant
Legal Topics: Novation, Quantum Meruit, Sub Contractor Payment, Defects and Delays, Use of Single Joint Experts

Construction Law Contract Law Novation Quantum Meruit Sub Contractor Payment Defects and Delays Use of Single Joint Experts

Case Brief

Summary, issues, holding and outcome

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Parties

Quarmby Electrical Limited

Claimant

John Trant t/a Trant Construction

Defendant

Procedural Posture

Civil (construction Dispute) / Judgment After Trial

Legal Issues

1 Whether Quarmby Electrical Ltd. is entitled to payment for electrical work carried out on four projects
2 Whether a novation of the sub-contracts occurred in April 2003
3 What sum is due to be paid after accounting for variations, defects, and delays

Ratio Decidendi

Court Disposition

Judgment for the claimant

Orders

Defendant to pay claimant the principal sum of £63,415.70, subject to tax adjustments
Credit for £51,475 already paid; balance due is £11,939.95, subject to VAT and CIS tax adjustments