A BUILDER has been ordered by the High Court in Lautoka to pay a Ba businessman $74,000 after abandoning a residential construction project in 2020.
The ruling follows a formal-proof hearing in a civil suit brought by Ravinesh Chand, trading as Rish Distributors, against Manoj Kumar, trading as Ekta Builders.
The court heard that on May 14, 2018, the parties entered into a $120,000 contract for the construction of a two-flat single-storey house at Namosau, Ba.
Mr Chand testified that he paid a total of $114,000 toward the contract, withholding only $6000 pending the issuance of a completion certificate.
However, the court was told that Mr Kumar left the job site on January 16, 2020, without completing the contract or providing an explanation.
Mr Chand stated in his evidence that Mr Kumar only completed the first phase of the building and neglected to build the second and third phases.
A defect report from a subsequent contractor indicated that three-quarters of the second stage was yet to be completed while stages three and four were completely left out.
Mr Chand subsequently engaged another contractor to finish the house, incurring additional costs of $25,000 for labour and more than $52,000 for materials.
In his judgment, Justice Anare Tuilevuka noted that the defendant’s statement of defence had been struck out previously due to failure to comply with court orders regarding unpaid costs.
While Mr Chand sought liquidated damages of $200 per day for delays, the court declined this award, noting that the onset of the COVID-19 pandemic in 2020 impacted business operations.
Justice Tuilevuka also highlighted several shortcomings in the evidence including a lack of documentation regarding municipal building approvals or iTaukei Land Trust Board (TLTB) consent for the structure.
The judge further noted that while invoices from the second contractor were provided, they did not constitute proof of actual payment.
“In the circumstances, given the shortcomings in the evidence, and allowing some benefit of the doubt where due, I am only prepared to award the plaintiff $74,000 plus costs,” Justice Tuilevuka ruled.
The court summarily assessed costs at $1000.
