PREVIEW

WORDS BYLINE: James Pallant
A mum-of-two says she was “put through hell” after one of her late husband’s clients refused to pay for building work carried out shortly before his death.
Jo-Anne Mapp’s husband, Raymond Anker, died in July last year while renovating a home in Whitstable, Kent, for businessman Michael Elson.
But Mr Elson failed to comply with the terms of a contract he had signed with the builder for work on the Sea Wall property.
Ms Mapp, from Ramsgate, describes his behaviour as “disgusting” - an accusation Mr Elson rejects, claiming the dispute arose from a procedural payment rule.
However, following a ruling by an adjudicator appointed by the Royal Institute of British Architects (RIBA) last month, Mr Elson was ordered to pay Ms Mapp the overdue balance of £8,169.60, plus £993.56 in interest.
Ms Mapp, 55, says she should not have had to go through the six-month adjudication process for what was “quite clearly a breach of contract”.
“Michael Elson thought that he could breeze in and take advantage of my husband’s death and tarnish his reputation by not paying him,” she said.
“I think his conduct was awful, absolutely disgusting, and the worst thing is, he paid the money within 24 hours of the adjudicator’s decision.
“So he had the money - why didn't he just do the decent thing rather than put me through six months of absolute hell?”
Mr Anker had previously received treatment for adenoid cystic carcinoma – a rare form of cancer – which returned just as he and Ms Mapp were celebrating their 27th anniversary on March 17 last year.
“We had gone out for a meal in London to celebrate and had a brilliant time,” Ms Mapp said.
“But after we got back, he started having trouble breathing so we went to hospital.”
Doctors found tumours in his lung and trachea, inserted a stent in his airways and gave him a prognosis of two years.
But four months later, in his Ramsgate home, Mr Anker died aged 57.
It was at this time that Mr Anker - who had 30 years’ experience in the construction industry - had been upgrading Mr Elson’s property.
As project manager, his job was to oversee the work, order materials and pay the builders.
Ms Mapp continued: “The day he died, he was sitting here at home, and he said to me he just felt so tired.
“I said, ‘no wonder you're tired, you've had all this treatment, please give up the job, give up that contract’.
“And he said, ‘I can't, I can't let them down’”.
But after Mr Anker’s death, Ms Mapp was forced to use her own money to pay her husband’s workers after the lack of payment left a hole in her finances.
The adjudicator ruled on February 13 that Mr Elson - who had paid all other invoices on time - had broken the RIBA contract.
In his decision, he wrote: “In failing to pay the invoice, Mr Elson was in breach of [...] the contract and Mr Anker’s estate is entitled to full payment and interest.”
Following the decision, Mr Elson, 59, said the issue “concerned a contractual payment dispute that arose in highly unusual and distressing circumstances following the sudden death of the contractor”.
He added: “The adjudicator determined that, under the strict payment provisions of the RIBA contract, the notified sum had become due because no formal pay less notice had been issued within the contractual timeframe.
“This was a procedural determination under construction payment law.
“I do not accept the characterisation of my conduct.
“The dispute arose from a genuine disagreement regarding valuation and contractual process during a very difficult period for all involved.”