Fairclot Investments (Pvt) Ltd t/a Trucking & Construction Civil Contractors v Association of University Teachers and Delatfin Investments (Pvt) Ltd t/a Kelvin Civil Engineering

HH 714-18

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Case Details

Court

Harare High Court

Date

7 November 2018

Citation

HH 714-18

Neutral Citation

[2018] ZWHH 714

Outcome

unknown

Case Type

Trial

Bench

Presiding

Kwenda J

Full Bench

Kwenda J

Areas of Law

Contract LawCommercial Law

Keywords

Subcontractor agreementRoad constructionPayment defaultJoint and several liability

Key Issues

{"issue_text":"Whether first defendant was liable to plaintiff for payment","issue_type":"mixed","dispositive":"yes","related_facts":"First defendant approached plaintiff directly, paid $60,000, plaintiff completed work"}
{"issue_text":"If so, what amount was payable to plaintiff","issue_type":"mixed","dispositive":"yes","related_facts":"Invoices KCE 03 and KCE 04, work completed, partial payment received"}

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Facts of the Case

Background

The plaintiff, a construction company, was subcontracted by the second defendant to surface roads for a housing project developed by the first defendant. After non-payment by the second defendant, the plaintiff withdrew from site twice. The first defendant then approached the plaintiff directly to complete the work, promising payment. Despite receiving partial payment of $60,000 directly from the first defendant, the plaintiff was not paid the balance of $115,260.68 for completed work.

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