Daycor Project Management CC v Tshwane Glass & Aluminium (Pty) Ltd t/a Industria Glass & Aluminium (51106/2009) [2013] ZAGPPHC 281 (20 September 2013)

Daycor Project Management CC v Tshwane Glass & Aluminium (Pty) Ltd t/a Industria Glass & Aluminium (51106/2009) [2013] ZAGPPHC 281 (20 September 2013)

The plaintiff failed to prove a material breach of contract or lawful cancellation. The evidence did not establish that the defects alleged were caused by the defendant's workmanship rather than subsequent damage by other contractors. The defendant's version, supported by expert evidence, was preferred on the probabilities. The plaintiff did not discharge the onus required to succeed in its claim for damages. The counter-claim for the outstanding contract balance was upheld, subject to deduction of salvage value and retention money, as the contract was never signed off and the defendant was prevented from completing the work by the plaintiff's conduct.

Citation
[2013] ZAGPPHC 281
Parties
Plaintiff: Daycor Project Management CC; Defendant: Tshwane Glass & Aluminium (Pty) Ltd t/a Industria Glass & Aluminium
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 September 2013
Case Number
51106/2009
Procedural Posture
Civil Trial / Judgment After Full Trial
Outcome
Plaintiff's claim dismissed; counter-claim upheld for the defendant with deductions for retention and salvage.
Judges
Prinsloo
Legal Topics
Breach of Contract, Damages for Defective Performance, Expert Evidence, Retention Money, Salvage Value
Commercial and Corporate Civil Procedure Breach of Contract Damages for Defective Performance Expert Evidence Retention Money Salvage Value

Case Brief

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Parties

Daycor Project Management CC

Plaintiff

Tshwane Glass & Aluminium (Pty) Ltd t/a Industria Glass & Aluminium

Defendant

Procedural Posture

Civil Trial / Judgment After Full Trial

Legal Issues

  1. 1 Whether the defendant breached the contract by delivering defective work and failing to perform in a proper and workmanlike manner.
  2. 2 Whether the plaintiff lawfully cancelled the contract and is entitled to damages for replacement and remedial work.
  3. 3 Whether the defendant is entitled to the outstanding contract balance on its counter-claim, subject to retention and salvage deductions.

Ratio Decidendi

The plaintiff failed to prove a material breach of contract or lawful cancellation. The evidence did not establish that the defects alleged were caused by the defendant's workmanship rather than subsequent damage by other contractors. The defendant's version, supported by expert evidence, was preferred on the probabilities. The plaintiff did not discharge the onus required to succeed in its claim for damages. The counter-claim for the outstanding contract balance was upheld, subject to deduction of salvage value and retention money, as the contract was never signed off and the defendant was prevented from completing the work by the plaintiff's conduct.

Court Disposition

Plaintiff's claim dismissed; counter-claim upheld for the defendant with deductions for retention and salvage.

Orders

  • The claim is dismissed.
  • Judgment is granted in favour of the defendant on the counter-claim in the amount of R49,915.00.