IN THE COUNTY COURT AT GUILFORD

BETWEEN Claim No AYJ7216

MR MARK PEMBERTON Claimant

and

MR GEOFF SHORT Defendant

PARTICULARS OF CLAIM

1. At all relevant times the Claimant was the owner of a house situated at and known
as Prandergast, Windmill Lane, Ockhurst, Surrey, and the Defendant was a
specialist in the design, manufacture and installation of hand-made windows and
doors carrying on business under the name of Quality Windows.

2. By an oral agreement made in about April 2016 the Defendant, in the course of his
said business, agreed with the Claimant to design, supply and install 20 windows and
door units for a total price of 80,000 exclusive VAT including 1,000 for door
fittings. The said agreement was evidenced, among other matters, by a sketch of
front elevation & windows and photograph of similar house dated 2 March 2016,
sketch of door transom windows dated 11 April 2016 and quotation from the
Defendant dated 14 April 2016.

3. At all relevant times, as a result of the aforesaid conversations, the Defendant knew
that the said works were required by the Claimant in order that he could archive
Georgian style of the said premises immediately after the conclusion thereof.

4. There were, amongst others, the following express terms of the said agreement:
(1) That the Defendant would provide hardwood (Mahogany) for doors and
windows selected.
(2) That the same would be substantially equally horizontal and vertical sight
lines.
(3) That the Claimant would pay the said price by means of one payment of
48,000 immediately prior the commencement of the said works, and the
balance of 48,000 upon the competition.

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5. They were, among the others, the following implied terms of the said agreement:
(1) That the Defendant would provide satisfactory quality hardwood
(Mahogany).
(2) That the Defendant would provide substantial equal horizontal and vertical
sightlines to line up
(3) That the Defendant would provide satisfactory quality and fit for purpose
door height.
(4) That the defendant would provide reasonable care and skill in designing,
making and installing of the said units.
(5) That the defendant would provide competent and experience design, making
and installation of thereof.

6. The Claimant duly paid the Defendant the sum of 48,000 on 18 April 2016, and the
Defendant duly commenced the said works as contracted.

7. In breach of the said agreement the Defendant:

(1) Failed at all times, to design, supply and install 20 windows and door units
made of hardwood (Mahogany).
(2) That the same would be substantially equally horizontal and vertical sight
lines.
(3) Failed to provide satisfactory quality and fit for purpose door height.
(4) Failed to provide reasonable care and skill in designing, making and installing
of the said units.
(5) Failed to provide competent and experience design, making and installation
of thereof.

8. By reason of the said breaches (and without prejudice to the matters set out in
paragraphs 3 and 4 hereof), by a letter dated 8 July 2016, the Claimant required the
Defendant to confirm, that he was prepared to return to the said site and
repair/replace and complete the said works, failing which the Claimant would treat
the Defendant as having repudiated the said agreement.

9. Notwithstanding the aforesaid, the Defendant thereafter refused to repair/replace

the said units, as a result the Defendant repudiated the said agreement and/or was
treaded by the Claimant as having done so. Thereafter, the Claimant has not made
the transfer of the final payment. The Defendant refused to return the first payment
made by the Claimant.

10. By reason of the Defendants said breaches of contract and/or repudiation of the
same, the Claimant has suffered loss and damage:

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 PARTICULARS

(1) The Claimant was obliged to instruct A1 Glazing to provide a quotation to

complete and/or replace the said works at the cost of 85,000 plus VAT

(2) The Claimant was obliged to instruct Commercial and Domestic Interiors Ltd
to provide a quotation to repair damaged wallpaper in three rooms resulting
from poor workmanship provided by the Defendant at the cost of 1000 per
room, being a total of 3,000.

The Claimant will give debit for the sum of 48,000 presently retained by the
Defendant under the said agreement

11. The Claimant also claims interest at the rate of [x%] on

(1) The sum of 48,000 from 8 July 2016 to [date of issue of Claim Form] being
[], and thereafter at the daily rate of [] until judgment or sooner payment,
and
(2) On the sum of 3,000 from 8 July 2016 to [date of issue of Claim Form] being
[], and thereafter at the daily rate of [] until judgment or sooner payment,
pursuant to section 69 of the County Courts Act 1984.

12. The value of this action exceeds 25,000 but does not exceed 100,000.

AND the Claimants claim

(1) Damages;
(2) Interest as aforesaid.

MARCIN BRYLKA

Statement of Truth

I believe* (the Claimant believes) the facts stated in these particulars of claim are true.

*I am duly authorised by the Claimant to sign this statement.