Contract Disputes
Fraser George and Associates Limited have been involved in several cases where the standard of workmanship or the specifications of work duties or entities have caused contractual disagreement between parties.
Notable contract dispute cases in which Fraser George have acted are:-
In the International Court of Arbitration of the International Chamber of Commerce – Electrium Sales Limited v Havells (India) Limited
Fraser George acted as Defense Expert in the case Electrium Sales Limited v Havells (India) Limited. Here, Electrium entered into a contract with Havell’s to purchase Miniature Circuit Breakers (MCB’s) from Havell’s and distribute such in the UK. The contract stipulated that Electrium would test the MCB’s in accordance with the British Standard, BS EN 60898 – “Circuit breakers for overcurrent protection for household and similar installations”. On distribution of the MCB’s within the market, the MCB’s were proposed to overheat and cause fire ignition, hence the MCB’s were recalled by Electrium who then ensued to attempt to recover their investment and costs from Havell’s. This multi-million pound case, focused on whether the MCB’s had been adequately tested by Electrium, in accordance with IEC 60898 or not.
In the Stockport County Court – Collins Electrical Services v Dowling
Fraser George acted as single joint expert in a dispute between an electrical contractor/installation company and a property developer, to resolve circumstances when the electrical contractor was dismissed part way through the contract of work by the developer for proposed substandard work, for work conducted outside the agreed contract and inefficient time management. A simple case in terms of electrical technology and procedures, yet difficult to determine what work duties were expected and by who and what components were to be supplied. Fraser George noted in this case, the common practice of tradesmen verbally agreeing contracted work duties and supply of equipment, which was unfortunately misconstrued by the developer.
For information of this service please contact Fraser George at info@frasergeorge.com
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