Local contractor Cayman Structural Group has been awarded more than $105,000 after successfully suing developer David Moffitt for failing to pay for work on the Turtle Cove condo units.
Cayman Structural Group claimed the developer breached the terms of a contract for construction work on a second-floor slab at the development. The company alleged that Moffitt broke off the contract without telling them and got another firm to finish the job.
“The Plaintiff also claims that at the end of the contract, his equipment (or material rented by him) remained on the site and could not be returned to him, as Mr. Moffitt used the equipment in order to carry out his own construction work,” the judgment states.
Moffitt, for his part, originally claimed that his agreement with Cayman Structural Group was cancelled as a result of a split in the legal ownership of the company. He then contracted with the Caymanian shareholder of the company to complete the work, and that the issue was one of internal management of Cayman Structural Group.
However, Moffitt later changed his case to plead that he entered the contract with Cayman Structural Group as a result of a mistake and that he believed the scope of work agreed by the contract was for three floors of the building and not for the second floor alone, according to the judgment.
After that, Moffitt lost his attorneys in November 2017, and he represented himself when the case was scheduled for trial on 25 April 2018. On that date, he told the court that he had another new defence: that the proper defendant to the action is a company called Turtle Cove Limited and not Moffitt personally.
Moffitt, who represented himself, changed his case again at the trial, claiming that he paid the Caymanian partner of Cayman Structural Group more than $200,000, according to the judgment. However, Moffitt did not offer any credible evidence that he actually paid the $200,000, the judgment states.
Justice Ingrid Mangatal slapped down all of Moffitt’s defences and counterclaims, making scathing remarks about Moffitt’s credibility.
“I found [Cayman Structural Group project manager Robert Sofield] to be a very straightforward and convincing witness,” Justice Mangatal wrote. “Mr. Moffitt, on the other hand, did not enhance his credibility at all, what with all the shifts in his case, from saying the contract was for three floors and that the Plaintiff had abandoned the work, to disavowing that position, then claiming he had paid Mr. Forbes, without a shred of evidence in support of that stance.
“All of this Mr. Moffitt claims, while admitting he was at a later point seeking a loan from the Plaintiff to complete other aspects of the Project. That would be a strange thing to do if one had contracted with a party that had failed to do the work which it had been agreed be performed.”
The justice also found that Moffitt trespassed on Cayman Structural Group’s property by using the company’s equipment to finish the project.
“It is plain that as the hirer of the scaffolding, the Plaintiff had the right to control and possession of this equipment,” Justice Mangatal stated. “I accept that Mr. Moffitt deliberately used the scaffolding for his own purposes and deprived the Plaintiff of its right to it, thereby causing it loss and damage.”
Justice Mangatal awarded Cayman Structural Group $87,404 for breach of contract, and $17,628 for trespassing, interest on damages, and costs.
When reached for comment, Moffitt stated the following: “It is unfortunate that a dispute between subcontractor CSG and its past Caymanian partner has led to paying twice for uncompleted work.”
Moffitt added that the Turtle Cove condos have been a successful, $20 million development in the local economy, with this judgment being the only dispute with any of his subcontractors.
At the time the lawsuit was filed in 2015, Moffitt was attempting to put together a $360 million golf resort project, known as Ironwood, involving a public-private partnership with government to build a road in Grand Cayman.
He said the lawsuit was unconnected to the resort plan and would have no impact on the project. Moffitt told the Cayman Compass he will provide an update on that project in June.
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