Construction servicesArbitrationWorkforce utilizationTools usagePrima facie case
Tags
Construction contractDamages claimAbsolution from instance
legislation
Statutes Cited
[
N
o
s
t
a
t
u
t
e
s
w
e
r
e
e
x
p
l
i
c
i
t
l
y
c
i
t
e
d
i
n
t
h
e
j
u
d
g
m
e
n
t
.
]
#
#
#
O
T
H
E
R
A
U
T
H
O
R
I
T
I
E
S
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether or not the plaintiff's tools were used by the defendant","issue_type":"fact","dispositive":"yes","related_facts":"Contract stay during arbitration, tools remaining at site, conflicting testimony about prevention from removing tools"}
{"issue_text":"Whether or not the plaintiff's workforce was used by the defendant","issue_type":"fact","dispositive":"yes","related_facts":"Workers defying instructions to stop working, workers being paid by defendant, testimony about workforce utilization"}
{"issue_text":"Whether or not the plaintiff is entitled to the quantum of damages sought","issue_type":"mixed","dispositive":"yes","related_facts":"Claimed damages of $3,290 for workforce and $45,000 for loss of business, lack of evidence substantiating quantum"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case
Background
FCS Construction (Pvt) Ltd, a construction company, was engaged by defendant to render construction services including additions, alterations, boundary wall and gate modifications at 110 Swan Drive Alexandra Park Harare. During performance, a dispute arose requiring arbitration. Plaintiff claims defendant unauthorizedly used plaintiff's workforce and tools to complete outstanding works, seeking damages of $3,290 for workforce usage and $45,000 for loss of business.
Read the full judgment, get AI analysis, and find related cases