xxx LEGAL CONSULTANCYBA (HONS); LL.B (HONS); L.E.C; Attorney-at-Law

Office Address: No. xxxx

Mailing Address: xxx

Telephone: xxx

 

xxxxx                                                          “BY EMAIL”

 

1; xxx

#3 Blood Street

xxxx

RE: PRE-ACTION PROTOCOL LETTER – BREACH OF CONTRACT

 

Dear Sir,

  1. We write on behalf of xxx (hereinafter called “our Client”) in relation to the matter at caption. We have been instructed to claim against you damages in the sum of xxx) and not (xxxx) for losses suffered following your breach of a contract between yourselves.
  1. Our Client advises that by a written contract between yourselves, signed and agreed upon on xxxx (hereinafter referred to as “the Contract”), you agreed to the following:
  1. To construct and outfit a 30’x18’ swimming pool with an average depth of 3ft 6 inches in the shallow and 5ft 6 inches in the deep end, at our Client’s Guest House, located at xxxx;
  2. To construct a pump room, inclusive of a male and female bathroom and the tiling and paining of the same;
  • To complete all plumbing and electrical work attached to the project;
  1. To provide four (4) free pool maintenance visits after the construction of the pool;
  2. Making of a catch pit to collect water at the back of the premises inclusive of casting a channel way to the catch pit;
  3. Digging of trenches for the pipe work aligned to the catch pit; and
  • Installation of pipes from the catch pit to facilitate the draining of the excess water off the compound.
  1. The Contract provided that the cost of completing the project was Two Hundred and Eighty-Five Thousand Dollars ($285,000.00), to be paid in four (4) instalments– three (3) of Seventy Thousand Dollars ($70,000.00) each; and one (1) final instalment of Seventy-Five ($75,000.00).
  1. In so keeping, the deposit of Seventy Thousand ($70,000.00) was paid on xxxx
  2. The second instalment of Seventy Thousand ($70,000.00) was paid on xxxx;
  3. The third instalment of $70,000.00 was paid on xxx
  4. The fourth payment of $35,000.00 was paid on xxx;
  5. The fifth payment of $18,000.00 was paid on xxxx; and
  6. The sixth payment of $17,000.00 was also paid on xxxx
  1. The total amount of money paid to you was Two Hundred and Eighty Thousand Dollars ($280,000.00) in addition to steel costing Forty-Six Thousand Four Hundred Sixty-Three Dollars and Thirty-Eight Cents ($46,463.38) and bricks costing Seven Thousand Nine Hundred Twelve Dollars and Eight Cents ($7,912.08), valued at Fifty-Four Thousand Three Hundred Seventy-Five Dollars and Forty-Six Cents ($54,375.46), making an overall amount of money paid to you Three Hundred Thirty-Four Thousand Three Hundred Seventy-Five Dollars and Forty-Six Cents ($334,375.46).
  1. Based on the above, there was an overpayment by our Client to you of a total of Forty-Nine Thousand Three Hundred-Seventy Five Dollars and Forty-Six Cents ($49,375.46).
  1. An important term of the Contract was that you would complete the project within 4 weeks from the date of commencement, having expressed knowledge of our Clients bookings at his Guest House.
  1. In breach of the Contract, you failed to complete the work by the agreed date, April 15th
  1. As a result of your breach, a new term to the contract was made between yourselves on June 13th It was agreed that our Client would pay you a further One-Hundred Thousand Three Hundred-Seventy Five Dollars ($100,375.00) in labour to complete the project.
  1. The payment was to be made in three (3) instalments; two (2) instalments of Thirty-Five Thousand Dollars ($35,000.00) each and one (1) instalment of Twenty Thousand Dollars ($20,000.00).
  1. In keeping with the new arrangement and to demonstrate goodwill, our Client made the first payment of Thirty-Five Thousand Dollars ($35,000) to you on May 24th
  1. You were to receive the second instalment of Thirty-Five Thousand Dollars ($35,000.00) on June 10th 2022 subject to the following conditions:
  1. The roof/covering of the pump room will be completed; and
  1. The electrical work in the pump room will be completed and the tiling of the entire deck around the pool, as with the aforementioned items would be completed on or before xxxx.
  1. However, on the said date, the only item that was completed was the tiling of the deck area that was completed by your agent, xxxx on xxxx, which our Client paid Sixteen Thousand Eight Hundred-Sixty Dollars ($16860.00) for, since you failed to pay him.
  1. By reason of your breach or repudiation of the contract, our Client was compelled to end the extortion on xxxx and employ another contractor to complete the project at an additional cost of ($76,542.75) in labour and ($98,501.60) in materials.
  1. Additionally, our Client was deprived of the use of his income earning property and experienced a weekly loss of $9,000 weekly due to loss of bookings and forced cancellations during the said period.
  1. Our Client has incurred the following losses:

 

Particulars                             Amount

Employment of new pool contractor $70,562.76

Over payment to you                          $49,375.46

Payment to Mr. Fraser                        $16,860.00

Electrician                                           $17781.69

Builder                                                $25,954.00

Tile man (Pump room)                        $12,300.90

Painter                                                $.  3300.00

Plumber                                               $   6825.00

Deck Stone Tiles                                $38,320.00

Loss of Income                                    $55,000.00

Total                                                    $296,279.81 and not ($296,278.91)

  1. Owing to all the inconveniences, in addition to monetary loss, our Client also suffered tremendous stress, anxiety and depression, therefore, damages are being claimed for our Client’s mental distress which was suffered due to the breach of contract by you.
  1. While it is our client’s wish that this matter would be placed to rest; should you opt to litigate this matter, our client will be relying inter alia on the following evidence at trial:
  • The written agreement between yourselves;
  • The receipts of payments made to you;
  • The invoices and receipts of payments me to the new contractor & other service providers;
  • Proof of purchases;
  • Evidence of cancelled bookings;
  • A Medical Report in respect of our client;
  • Witness statements and testimonies from individuals privy to the mismanagement of the project;
  • Photographs of the thrashed compound months into the project; and
  • Such other evidence as may be available, or which may become available should proceedings be filed.
  1. In light of the matters above, we would be grateful if you can indicate within 14 days of receiving this letter, that you will make good the amount owed to our Client in the sum of $296,278.91.

We look forward to a swift and satisfactory resolution of this matter. Please provide us with your response within 14 days of your receipt of this letter. In the event that we do not hear from you within the said timeframe, we shall proceed to commence High Court proceedings against you without further notice.

Yours faithfully

………………………………………

xxxx

Attorney-at-law

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