Sobers v New Testament Church of God

• Jurisdiction: Barbados
• Judge: Douglas, C.J.
• Judgment Date: 14 March 1977
• Neutral Citation: BB 1977 HC 9
• Docket Number: No. 515 of 1974
• Date: 14 March 1977
• Court: High Court (Barbados)

High Court

Douglas, C.J.

No. 515 of 1974

Sobers

and

New Testament Church of God

L.E. Whitehead and Carrington & Sealy for the plaintiff.

D.A.C. Simmons and Yearwood & Boyce for the defendants.

Contract - Money owing under building contract

Facts: This was a claim for money owning under a building contract — The defendant contracted with the plaintiff for the construction of the building in question — The main issue was whether the contract was a fixed price or a cost plus contract

Held: Judgment given for the plaintiff on his claim for $7,539.44.

Douglas, C.J.

1 This is a claim for money owing under a building contract. The defendants (hereinafter referred to as “the church”) were minded to erect a parsonage for one of its Ministers, and had a set of plans for a two-storeyed structure drawn up. It was found that this plan could not be proceeded with so the plaintiff was asked to quote prices for the erection of a building of the dimensions of the top floor of the plan. This he did by letter of the 27th of April, 1973, the total price being $30,747.00. Work commenced in August. After the site was cleared and the foundations dug, Mr. Herbert by whom the parsonage was to be occupied asked that the plan be altered to include a garage and also a study. The contractor alleges that he told Mr. Herbert that it would cost more and as a result the original agreement was varied to a cost plus contract, the contractor to receive the money he expended on labour and materials and a weekly salary of $135 per week and the sum of $1,000 at the end of the job.

2 In support of this allegation, the contractor produces in evidence a sketch plan which differs from the original top-story plan and a later plan with further modifications on which the building was finally constructed.

3 On the 1st of November, 1973 the plaintiff wrote setting out a statement for the month of October giving the cost of materials, labour and freight to that date. It ends by a statement that it would take $10,000 to complete the yard and guard-wall, “giving an over all total of $31,000”. There was a similar letter from the plaintiff to the Church showing that $32,994.31 had been spent on materials and labour up to the end of November, 1973 and stating that the cost of the building would be $37,788.95. The final statement showed that up to the 23rd January, 1974, the plaintiff had spent $40,539.44 for materials and labour and had received...