In a landmark ruling, the Privy Council has dismissed an appeal by NH International (Caribbean) Ltd, affirming that Gordon Winter Company Ltd is entitled to payment for piling work completed at the Ministry of Education building site in 2006. The dispute, which has spanned over a decade, centered on unpaid work performed by Gordon Winter, a subcontractor hired for the ten-story project. The case highlights the complexities of construction contracts and the legal principles governing payment disputes. The piling work, which proved more challenging than anticipated due to adverse soil conditions, required variations from the original specifications. While Gordon Winter was compensated for some of its work, payments ceased after April 2006, prompting the company to halt operations in June of that year. Gordon Winter sought payment on a contractual quantum meruit basis, arguing that NH International had been unjustly enriched by its work. NH International, however, counterclaimed that Gordon Winter had breached the contract by abandoning the project. The Privy Council, led by Lord Burrows, rejected NH’s arguments, emphasizing that Gordon Winter’s claim for payment was valid under the contract. The ruling upheld the Court of Appeal’s decision, which had reduced NH’s damages for delay to $350,000 and referred Gordon Winter’s claims for additional costs to a master in chambers for assessment. The Privy Council’s decision underscores the importance of honoring contractual obligations and ensuring fair compensation for work performed, even in cases where procedural complexities arise. The judgment also reaffirms the principle that parties cannot be denied payment for work clearly executed under contract, regardless of technical legal arguments.
