I am not certain how much
information you want.
You have a defence and
Your defence is that the
claimant is in breach of the Supply of Goods and Services Act in that the claimant
failed to carry out the job with reasonable care and skill or within a
reasonable period of time.
Alternatively (or actually in
addition), you have a claim in contract for breach of contract in that they
failed to carry out the contract in a workmanlike manner or at all.
You have a counterclaim for
whatever loss you have suffered (or rather the defendant has suffered)
consequential upon the breach of contract.
There is a potential problem
in that your client is under a duty to mitigate loss and your client appears to
have sat down for five years and done nothing. Your client should really have appointed
independent contractors to get the job working and then sued the original
company for the extra cost.
There is another issue but I
would need to study the contract documentation in depth which is clearly beyond
the scope of this site.
They are pursuing this as a
debt claim for the full contract value over five years although, they have not
provided the service so there is a defence that even if they are entitled to
any money at all, they are not entitled to the full contract value only
compensation/damages/loss of profit
Does that answer the
Can I help further? I am
happy to answer any specific questions.
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