ATTORNEY General and Minister of Legal Affairs Anil Nandlall, SC, on Thursday underscored the urgency of strengthening Guyana’s contractual framework, as he delivered closing remarks at a high-level training session focused on International Federation of Consulting Engineers (FIDIC) contracts for public sector personnel.

The three-day programme at the Grand Coastal Hotel was organised as part of a government-led effort to strengthen the capacity of public sector officials, equipping them with the technical and legal skills needed to effectively oversee complex, large-scale projects.

Nandlall extended thanks to facilitators, attorneys James Bremen and Mark Grasso of the London-based law firm Joseph Hage Aaronson & Bremen LLP, noting that their involvement exceeded what is ordinarily required in the course of professional duty.

He added that the government was “deeply grateful” for the firm’s continued engagement, praising their “guidance, their expertise, their experience, their training and their wide-ranging knowledge of the law, in particular in relation to FIDIC contracts.”

Describing the firm as “world renowned,” the Attorney General pointed to its global footprint, with operations spanning jurisdictions such as the United Arab Emirates, Qatar, Saudi Arabia, Iraq, Australia, and the United Kingdom.

He emphasised that their specialisation in construction and FIDIC-type contracts makes them particularly valuable partners for Guyana, especially as the country undertakes major infrastructure and development projects.

Importantly, Nandlall clarified that the firm is the government’s officially retained legal advisor for the gas-to-energy project, dismissing contrary reports.

The training, he said, is part of a broader national strategy aligned with President Dr Irfaan Ali’s vision of modernisation and institutional strengthening.

According to Nandlall, building capacity within the public sector is essential to ensuring that the country can effectively manage its rapid transformation.

“You will often hear about the president speaking about the modernisation revolution,” he said, referencing initiatives such as digitisation, data-driven decision-making, and the integration of technology into governance.

These efforts, he noted, are supported by continuous training programmes designed to prepare public officials for increasingly complex responsibilities.

While the government may be “in the driving seat,” Nandlall reminded participants that execution lies with them.

“You are the persons who will be executing the task,” he said.

“You sit at your desks and in the fields every day… you draft the contracts, you examine the contracts… you monitor, scrutinise and evaluate the performance and execution, and you deliver the final product,” Nandlall said.

He warned that without proper training and resources national development goals could falter.

“If you are not equipped, and you are not empowered… the transformation that we speak about will not succeed,” the AG said.

HIGH LEVEL OF EXPERTISE

FIDIC contracts, he noted, have become the global standard for large-scale infrastructure projects, particularly those involving complex financing and international stakeholders. However, their sophistication requires a high level of expertise in drafting, negotiation, and enforcement.

Against this backdrop, Nandlall revealed that the government has initiated a comprehensive review of its contractual frameworks. This includes both FIDIC-style contracts and the standard agreements used for locally funded projects.

“We have begun a process here to do that,” he said, noting that many of the existing models are outdated.

Nandlall related: “It’s a model that perhaps is now going on to close to three decades old… instruments that are 30 years thereabouts in today’s global fast changing world require review.”

Central to this reform effort is the development of standardised clauses, particularly in areas such as termination.

Nandlall related that the goal is to create a repository of model provisions that can guide negotiations and ensure consistency.

“We need our own model of what this clause should be,” he said, adding: “So, when we are negotiating… we have a reservoir of material to which we can refer.”

The Attorney General also highlighted several systemic challenges that must be addressed. Among them is the ineffective enforcement of financial instruments such as bonds and guarantees.

“In my respectful view, they have lost their commercial and financial efficacy,” he stated, adding: “A bond is difficult to enforce in Guyana. A guarantee is difficult to enforce in Guyana.”

He called for a coordinated effort involving government, contractors, financial institutions, and the judiciary to restore the effectiveness of these mechanisms, which are intended to safeguard millions of dollars in public funds.

Another area of concern is the role of engineers and consultants responsible for monitoring contract performance.

Nandlall stressed the need for greater accountability, noting that these professionals are bound not only by contractual obligations but also by legal duties of care.

“We have to extract a greater degree of accountability, transparency and responsibility,” he said.

Additionally, he pointed to limitations in the current remedies available under contracts, including caps on liquidated damages, which he believes should be revisited.

“The remedies have to become more effective, easier to enforce. They must be wider in their repertoire,” he asserted.

Notice periods, too, came under scrutiny. Nandlall described them as sometimes “draconian,” particularly when strict compliance failures can result in the loss of legal rights.

“If you don’t serve these notices on time, there is a strong likelihood that you lose your remedial rights… that must change,” he emphasised.

Despite these challenges, the Attorney General maintained that reform efforts are ultimately aimed at improving efficiency and reducing disputes.

“The government is not in the business of taking people to court,” he said.

“If we can improve the environment, that would limit the occurrences of these contractual violations. It would be good for the country and, most importantly, it would be good for the people,” Nandlall said.

He concluded by asserting that the proposed reforms are reasonable and necessary.

“A contractor cannot, cannot, in good faith, argue or oppose any one of these measures,” he said, adding that while implementation may be debated, the principles themselves are sound.

The training session, he noted, represents just one step in a broader, ongoing effort to modernise Guyana’s legal and administrative systems in line with its development ambitions.