A Sandys businessman is taking his boyhood friend to the Supreme Court in an effort to prove that the two were partners in 2001 when they embarked on a project together for the Bermuda Housing Corporation.

Kenneth Faries, the owner of Accurate Maintenance and Contracting, is claiming that even though it was just a verbal agreement, he and Gary Saltus had formed a company called Platinum Construction and Maintenance and been awarded a $438,000 contract to build a two-storey, two apartment complex in St. Monica?s Road for the BHC. Mr. Faries now wants his share of the profits.

He was represented in court by Rachel Cabot while Mr. Saltus was represented by Llewellyn Peniston.

Mr. Faries told Puisne Judge Ian Kawaley that he had been approached by Mr. Saltus, a friend he had grown up with, to form a partnership so that they could win a contract to build the property for the BHC.

He told the court that Mr. Saltus even supplied him with business cards and showed him stationery for the company displaying both their names. The two men eventually won the contract and building began in September 2001 on the property ? which was completed in July the following year.

He told the court that he had agreed with Mr. Saltus that he would do all the work as he already had a construction company with trade accounts, equipment and manpower and Mr. Saltus, who up to that point had very little experience in the contracting industry, would take care of the finances.

But, he said, when the time came to share in the profits, Mr. Saltus told him the partnership had never existed and Mr. Faries had simply been employed by him as the foreman.

Meanwhile Mr. Saltus told the court that Mr. Faries had shown no interest in forming a partnership with him and had even turned down an offer to sign for a joint account in the company?s name.

He said he had approached Mr. Faries numerous times about the partnership, but Mr. Faries had declined to the point where he was even absent when the contract with the BHC was signed.

He said Mr. Faries said he was not interested in a partnership because it would put his own company at risk, a company he?d had for some 20 years.

Mr. Saltus added that there was no profit made on the project and they had just covered their costs.

He added that Mr. Faries had been employed by him as a foreman and had been paid on an hourly basis for the work he did on the St. Monica Road project, adding that on more than one occasion, Mr. Faries was absent from the building site because he was also doing work in Spanish Point through his own company.

Under cross-examination, Mr. Faries said he was running late to the meeting to sign the contract, but had called Mr. Saltus to say he would be there a half an hour later.

He said he had arrived at the BHC offices and Mr. Saltus was gone, but he had signed the necessary papers.

Documents submitted by the BHS to the court did contain both men?s signatures.

Following both lawyers? closing arguments, Mr. Kawaley said he would reserve judgment in the case.