Courtney Benn sued $414M for breach of contract
The state of  St Rose’s High School as at September 10, 2020
The state of St Rose’s High School as at September 10, 2020

By Richard Bhainie

LEGAL proceedings have been instituted by the state against contractor Courtney Benn Contracting Services and its insurance company, CARICOM General Insurance Company Inc. for a breach of contract relating to the construction of the St. Rose’s High School.

According to court documents seen by this publication, Attorney General and Minister of Legal Affairs, Anil Nandlall, S.C., on Wednesday, filed a fixed-date application in the High Court, claiming in excess of $414,380,902 in damages, restitution and money due, owing and payable to the state.

The A Partnership for National Unity + Alliance For Change (APNU+AFC) government on August 18, 2018, through the Ministry of Education (MoE), entered into an agreement with Courtney Benn Contacting Services for the re-construction of St. Rose’s High School, Church Street, Georgetown.

The initial fixed contract cost was in the sum of $352,709,745; however, on December 23, 2019, the government executed an addendum to agreement through the MoE with the contractor to increase the contract sum by $59,594,612, increasing the original amount to $412,304,257.

The contract was to be completed on or before April 8, 2020; however, by virtue of the said addendum, the contract was then extended for a period of 20 months, to be completed in August 2021 by the former administration to accommodate the driving of piles.

The reconstruction works at the site were supervised at all material times by the Project Manager Ron Eastman, a civil works engineer attached to the Ministry of Education.

Upon perusal of a work execution schedule submitted to the MoE and the project manager, it was noted that the contractor failed and/or neglected to complete the works in accordance with the work execution schedule.

In August 2020, based on an assessment of the works performed by the contractor, the project manager discovered that a mere nine per cent of the whole works was completed after a period of approximately nine months had elapsed.

Consequent upon failure and neglect on the contractor’s part to execute the work in accordance with the work schedule, in November 2020 the Attorney General wrote the contractor terminating the said contract.

The state is claiming general damages in excess of $100,000,000 and $100,000,000 as aggravated damages for breach of contract; $41,230,425 as liquidated damages; $105,812,929 due, owing and payable by the contractor to the state and $67,337,528 in restitution for the advance payment made by the state.

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