Ref: 1572
Filed: 25/07/2022
Accused Company:
GO MODULAR TECHNOLOGIES (UK) LTD
Company number: gb-11035965
Phoenix Centre, Unit C South Hampshire Industrial Park, Totton, Southampton, England, SO40 3SA
United Kingdom
Allegation: Unfulfilled contract
Value: GBP 237,998.65
Dispute details:
Go-Modular Technologies (UK) Ltd provided two collateral warranties covering its work as a sub-contractor on HoJD’s project (dated 21.03.2021)
The benefit of those collateral warranties was assigned to HoJD on 30.03.2022.
GM is in breach of its obligations as it has failed to comply with clause 2.1.1 of both collateral warranties of which HoJD has the benefit.
There are also four vesting certificates in our HoJD’s favour. The total value of all vesting certificates combined is £403,650. As a sun-contractor GM has been paid the total sum of £464,000.00 ( from HoJD as the client, via its own contractor) for works on HoJD’s project.
The value of the works undertaken has been assessed by an independent third part Quantity Surveyor as £226,001.35.
Under the vesting certificates, GM provided warranties, undertakings and declarations in respect of the materials to be incorporated into the works on the project.
The materials which HoJD has paid for have not been properly incorporated into the works (missing completely) placing GM in breach of its obligations, as set out in the vesting certificates.
Under the vesting certificate, GM provided the following indemnity:
WE SHALL INDEMNIFY AND SAVE HARMLESS HoJD AND XXXXXX FOR ALL COST CLAIMS, DEMANDS, LOSES AND EXPENSES OF WHATEVER NATURE ARISING FROM ANY LOSS OR DAMAGE TO THE MATERIALS HOWSOEVER ARISING AND ANY BREACH OR NON-OBSERVANCE OF ANY TERMS OR CONTAINED IN THIS CERTIFICATE.
Despite demand of the sum of £237,998.65, GM has not paid this sum.
GM is in breach of its obligations as it has failed to comply with clause 2.1.1 of both collateral warranties of which HoJD has the benefit.
There are also four vesting certificates in our HoJD’s favour. The total value of all vesting certificates combined is £403,650. As a sun-contractor GM has been paid the total sum of £464,000.00 ( from HoJD as the client, via its own contractor) for works on HoJD’s project.
The value of the works undertaken has been assessed by an independent third part Quantity Surveyor as £226,001.35.
Under the vesting certificates, GM provided warranties, undertakings and declarations in respect of the materials to be incorporated into the works on the project.
The materials which HoJD has paid for have not been properly incorporated into the works (missing completely) placing GM in breach of its obligations, as set out in the vesting certificates.
Under the vesting certificate, GM provided the following indemnity:
WE SHALL INDEMNIFY AND SAVE HARMLESS HoJD AND XXXXXX FOR ALL COST CLAIMS, DEMANDS, LOSES AND EXPENSES OF WHATEVER NATURE ARISING FROM ANY LOSS OR DAMAGE TO THE MATERIALS HOWSOEVER ARISING AND ANY BREACH OR NON-OBSERVANCE OF ANY TERMS OR CONTAINED IN THIS CERTIFICATE.
Despite demand of the sum of £237,998.65, GM has not paid this sum.
Attempts to resolve dispute:
We have been attempting to resolve this dispute for the past 12 months.
This is Go-Modular Technologies (UK) Ltd’s response.
Summary
“We do not accept that your client has any rights or benefits it can exercise under the Collateral Warranties as claimed.
We do not accept that Go Modular Technologies (UK) Ltd is in any event, in breach of its obligations as alleged. On the contrary Go Modular Technologies (UK) Ltd remains ready and willing to perform its obligations, such as remain, and that your client wrongfully terminated the agreeme “
They have declined to complete the process of going to mediation by simply not engaging in the process.
This is Go-Modular Technologies (UK) Ltd’s response.
Summary
“We do not accept that your client has any rights or benefits it can exercise under the Collateral Warranties as claimed.
We do not accept that Go Modular Technologies (UK) Ltd is in any event, in breach of its obligations as alleged. On the contrary Go Modular Technologies (UK) Ltd remains ready and willing to perform its obligations, such as remain, and that your client wrongfully terminated the agreeme “
They have declined to complete the process of going to mediation by simply not engaging in the process.
Response to accusation (by accused):
Nothing Filed yet
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