5-Jul-10
START DATE
END DATE
3/21/2011
AINSLIE DANA STEEDE v. PATRICK BEAN DENNIS VICKERS SPLASH SERVICES LTD
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
CIVIL JURISDICTION
WADE-MILLER J
Mr. Craig Rothwell (Cox Hallett Wilkinson)
Mr. Llewellyn Peniston (Peniston & Associates) for Patrick Bean, Mr. Kevin Taylor (Marshall Diel & Myers) for Splash Services Ltd.
FACTS OF THE CASE:
Ainslie Steede hired Patrick Bean and Dennis Vickers (operating under Splash Services Ltd) for a building project at her residence, 21 Cataract Hill, Paget. The Plaintiff claimed that the Defendants breached the building contract by abandoning the site and leaving defective work. She sought damages of $389,047. The Defendants argued that no fixed-price contract existed and that the Plaintiff failed to pay for additional work. The Court determined that a binding contract existed and that the Defendants breached it.
SUMMARY:
(1) Did a fixed-price contract exist between the parties? (2) Did the Defendants abandon the project before completion? (3) Was the Plaintiff responsible for construction delays? (4) What damages were appropriate?
OUTCOMES:
Plaintiff awarded damages of $73,611.63; Defendants found liable for breach of contract.
RULED IN FAVOUR OF:
Ainslie D. Steede (Plaintiff) in part.
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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AINSLIE DANA STEEDE v. PATRICK BEAN DENNIS VICKERS SPLASH SERVICES LTD
Ainslie Steede hired Patrick Bean and Dennis Vickers (operating under Splash Services Ltd) for a building project at her residence, 21 Cataract Hill, Paget. The Plaintiff claimed that the Defendants breached the building contract by abandoning the site and leaving defective work. She sought damages of $389,047. The Defendants argued that no fixed-price contract existed and that the Plaintiff failed to pay for additional work. The Court determined that a binding contract existed and that the Defendants breached it.