Lovetts' corporate client provided temporary road barriers and management for major trunk road improvements. It claimed £19,000 on the basis that the parties had agreed a rental of £3.50 per unit per week for the barriers. The contractor claimed that no rental had been agreed and that therefore it should be paid for on the basis of 'a reasonable charge'. It maintained this should be 84p per unit per week.
The client's paperwork, whilst good, was not sufficient to make summary judgment feasible. The difference between the two prices accounted for approximately half the amount in dispute.
By negotiation, Lovetts were able to obtain four interim payments that accounted for the balance. Lovetts argued the client's case forcefully and moved on as quickly as possible towards trial. This bore fruit in that, by Lovetts' client offering a discount of 50p per unit per week, the contractor agreed to settle the claim, a few days before trial, and to pay the client's costs.
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