Counterclaim secures dismissal

Our client wished to build a small flat at the rear of his property with its own access. He agreed terms with the claimant to build the flat and was quoted a sum of £41,500 to complete the project. The claimant agreed to waive the VAT payable on the sum if our client paid in cash.

Over the course of the building works our client paid various cash amounts totalling to the sum of £58,000. The receipts for these payments were handwritten and signed by the claimant.

The project was not completed according to the agreed timescale, and neither were the works of a high quality nor to the standard expected.

The claimant filed a claim against our client for £24,600, stating that our client had agreed to pay £61,920 inclusive of VAT. There was no written contract between the parties, and the only proof of agreement was the quote for £41,500 given by the claimant to our client.

We proceeded to file a defence to the claim as well as a counterclaim for £20,650. The counterclaim argued that our client hade made overpayments and suffered loss of rental income, and incurred plumbing and garage expenses as a result of the claimant’s inferior building works. No defence was provided to this, and we requested a judgment on the counterclaim. The claimant’s claim was dismissed by the court and no charging order was made.