Qualicon Engineer Co. Ltd v Alexander Stephenson

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CIVIL DIVISION

CLAIM NO. C.L. 199414-001

BETWEEN

A N D

QUALICON ENGINEER CO. LTD. CLAIMANT

ALEXANDER STEPHENSON DEFENDANT

Arthur Williams instructed by Arthur Williams and Company for the Claimant.

John G. Graham instructed by John G. Graham and Company for the Defendant

Heard: April 21, May 1 & 4, 2006 & February 14,2008

Dave, J.

At the end of February 1993 Qualicon Engineer Co. Ltd. a construction company

complained that it was not paid for work done and did not received funding to continue

work on land at 5B Montgomery Way, Stony Hill, St. Andrew. This was within ten (10)

weeks of preparing the foundation of this land to build a residence for husband and wife

Mrs. Alexander Stephenson and Mrs. Gloria Stephenson.

Qualicon Engineer Co. Ltd. demanded payment of $150,000.00 from Mrs. Gloria

Stephenson in a series of letters commencing the 2" March, 1993 and ending May 21,

1993. As the company demands bore no fruits it then sued Mr. Alexander Stephenson on

the 2 1" February, 1994 for $150,000.00 for work done.

Mr. Barrington Gardner the Managing Director of the company claimed that at

the end of February 1993 his company had complete site preparation and excavation of

the foundation. Advance preparation was not complete due to lack of funding from