Opposition Leader Wayne Furbert falsified a building contract in order to secure a bank loan, a court heard yesterday.

The United Bermuda Party politician also failed to pay contractor Eustace Floyd Forth, of F2 Property Management Group, more than $80,000 for work done on his Hamilton parish home and did not give back almost $50,000 he borrowed from him, according to Mr. Forth’s lawyer. Attorney Paul Harshaw alleged in the Supreme Court that Mr. Furbert got Mr. Forth to sign a fixed-price contract for the construction work at his Brown Estates Road house in order to “facilitate funding by Capital G Bank Limited”.

Mr. Harshaw described the contract — for almost $708,000 — as “a sham” and said the pair had already agreed verbally that Mr. Forth would be paid on a “cost and charges” basis for labour and expertise.

Mr. Forth, who is suing Mr. Furbert for $130,543.77, said in his witness statement that the MP was his trusted friend and cousin.

He said: “Wayne told me that Capital G would not provide the funding for the project without a fixed price contract and he asked me to sign the ... document so that he could show it to Capital G Bank in order to get the funding for the renovations and additions to his house.

“In order for Wayne to secure funding, I signed a standard Construction Association of Bermuda form. As I wanted the work for my men and there was never any intention that I would be bound by the ... document I signed it so that Wayne Furbert could get the funding he needed.”

Mr. Furbert, who is contesting the civil action and counter-suing on the basis of alleged unsatisfactory work, denies that he falsified the contract for Capital G and that he owes Mr. Forth money.

Mr. Forth, 51, of Ferrars Lane, Pembroke, said he and Mr. Furbert agreed that he would be paid on a weekly basis for his work to ensure he was not out of pocket for materials bought or equipment rented.

He said the arrangement worked so well that he lent his cousin $49,920 to pay architects and other people. “As Wayne is my cousin and I trusted him and as I had the spare money at the time, I loaned that money to him.”

But he claimed that Mr. Furbert stopped paying him in about November 2005. “Wayne kept making excuses for the non-payment or delayed payment of my invoices, telling me at various times that he was waiting on Capital G Bank or that George Morton (the project manager) had not approved my invoices for payment.”

Puisne Judge Geoffrey Bell adjourned yesterday’s proceedings after Mr. Furbert’s lawyer, Edward Bailey, while cross-examining Mr. Forth, produced documents which should have been disclosed to the court earlier.

Mr. Justice Bell told Mr. Bailey: “It isn’t fair to be producing these documents which ought to have been produced months ago. I am seriously concerned that there are other documents which should have been disclosed which have not been disclosed.

“This case has not been properly prepared for trial.”

He told the parties to try to determine overnight if the matter was an accounting dispute which could be dealt with out of court.

Mr. Bailey said that if the two sides could agree that it was an accounting dispute, his client would likely withdraw his counter-claim. The case resumes this morning.