CLAIM BY A BUILDER.

New Zealand Herald, Volume LX, Issue 18585, 18 December 1923, Page 7

CLAIM BY A BUILDER.

EXTRAS AND ADDITIONS. SUPREME COURT DECISION. , A dispute regarding a contract for the erection of ft five-roomed house at Devonport was brought before Mr. Justice Reed in the Supreme Court yesterday. 1 Clement Robert Edwin Fleming,' builder, of Morningside (Mr. Cocker), claimed from Herbert J. Richards, of Devonport (Mr. tioulding), the sum of £287 in payment for certain additions. •;< :;1 Plaintiff, in evidence, said he tendered for the contract at £717, and at that fig-1 ure the contract was signed. During the ; progress of construction, defendant j discussed the lay-out of the building with him, and as a result defendant agreed to ! certain alterations being made with a view jto enlarging the house, defendant being ! given to understand that such alterations [ anJT additions would be charged extra. If defendant had ; told him that the alterations were not to be paid for in addition, he would have : raised the amount of the tender. On one occasion, soon after the foundations had been laid, plaintiff went on the ground and expressed the opinion that the house . seemed small. Defendant replied that that was the house according to. the plans.. ' - Defendants said he gave plaintiff two plans, with instructions that any details missing in one would be found in the other, v He gave no instructions at any timo for the building to be enlarged. He told plaintiff he had only £100 to , allow for-extras,' and after repeated requests for an account, was told they would probably come to between £90 and ,£IOO. Later* 'he received an account for £143 for extras and £188 for additions to the dwelling. That was the first occasion on which it was intimated to him that his house had been enlarged. Crossexamined, he admitted that one plan showed o3ft. and 35ft. as external measurements ' for ; foundations* when they should have been 34ft. 'ancßj 37ft. 3in. ' ; His Honor held that plaintiff - was not i entitled to claim for extras in . respeot of extensions to the building. fUI othsr matters were reserved!, in view of the fact that the parties had • agreed to refer them to-an arbitrator.