New lawsuit brought by architect
Another lawsuit has been filed in connection with the post-Hurricane Ivan rebuilding of the Windsor Village condominium complex.
This time architect Malcolm Stephenson is suing the Strata Plan for non-payment of professional fees.
The claim, which was filed early last month and then amended on 21 July, states that Mr. Stephenson was instructed by the proprietors of the Windsor Village Strata Plan ‘through its agents or otherwise’ to prepare drawings and scale plans for the reconstruction of two buildings in the development known as Building Number One and Building Number Six.
In addition, Mr. Stephenson claims the defendant, through its agents or otherwise, instructed him to meet with any and all owners/members of the Windsor Village Strata Plan to provide architect services for individual units in the development.
The claim states that the defendant agreed to pay a fixed fee of US$75,000 for all of the services provided by Mr. Stephenson, who says he worked on the project from November 2004 until 12 February 2006.
Mr. Stephenson submitted an invoice to Windsor Village for US$55,000 on 12 February 2006, but claims the Strata Plan has continued ‘to fail and/or otherwise refuse to pay the outstanding balance or any part thereof’.
In addition to the invoiced amount, Mr. Stephenson seeks accrued pre-judgment interest from 26 February 2006 totalling US$12,286 plus unspecified post-judgment interest. He also claims costs and ‘such further equitable and/or other relief’.
Many units of Windsor Village were severely damaged or destroyed by Hurricane Ivan in September 2004. The rebuilding project has led to a high-profile lawsuit and counterclaim involving the Windsor Village Strata Plan, Cayman General Insurance Company Ltd. – now taken over by Sagicor General Insurance (Cayman) Ltd. – John and Robert Hurlstone, Hurlstone Ltd, Alastair Paterson, Bould Patterson Ltd, Crawford Adjusters (Cayman) Ltd. and Hurlstone General Contractors.
The original claim filed by Cayman General and Windsor Village was abandoned last December, but the counterclaim was successful. A further claim for damages continues and is scheduled to resume in middle part of this month.