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 pertaining to the construction of dormitories at the Linden Technical Institute (LTI).

According to court documents seen by this publication, Attorney-General and Minister of Legal Affairs, Anil Nandlall, S.C., on Friday last filed a fixed-date application in the High Court, claiming in excess of $359,309,158 in damages and money due, owing and payable to the state.

The A Partnership for National Unity + Alliance For Change (APNU+AFC) administration on July 3, 2017, through the Ministry of Education (MoE), entered into an agreement with Courtney Benn Contracting Services for the construction of dormitories for the Linden Technical Institute.

The contract price was fixed at the sum of $398,272,895 and was supposed to be completed on or before February, 2019.

However, while the contractor has received the sum of $177,854,140 to date, he has failed to complete the said works.

“As a consequence of the failure of the First Named Defendant to comply with the scheduled programme of works, the First Named Defendant breached his obligations under the Contract,” the court document states.

Due to this failure to comply with the schedule of works by Courtney Benn Contracting Services, which resulted in a fundamental breach of the agreement, the MoE caused the contract to be terminated on February 12, 2021.

“The actions of the defendant have impacted the interest of the public in the non-completion of the construction of the dormitories in the Linden Technical Institute,” Nandlall submitted to the court.

The state is claiming general damages in excess of $100,000,000 and $100,000,000 aggravated damages for breach of contract; $39,827,289 as liquidated damages; $119,481,869 due, owing and payable by the contractor to the state.

Recently, the government has also moved to the courts claiming in excess of $414,380,902 in damages, restitution and money due, owing and payable to the state by Courtney Benn Contracting Services for a breach of contract pertaining to the construction of the St. Rose’s High School.