Gov’t seeks over $60m from company for breach of contract, negligence

Attorney-General Anil Nandlall has filed an action on behalf of the Government of Guyana seeking over $60m dollars from Design and Construction Services Limited for… “breach of contract and negligence.”

The action was filed yesterday in the Commercial Division of the High Court and is set to be heard November 12 in the Commercial Court.

According to a press release, the company was contracted by the Ministry of Culture Youth and Sport to provide a variety of services for the Albion Sports Complex.

“Design and Construction Services Ltd., were contracted by the Ministry of Culture, Youth and Sport (MCYS), on the 28th day of February, 2011, to provide consultancy services in relation to designing and supervising all capital works inclusive of building and construction of civil and electrical works for the erection and operation of six lighting towers supplied by MUSCO Sports Lighting Inc., and Albion Sports Complex situated at Albion, Corentyne, Berbice, the release stated.

The government is seeking damages to the tune of $M60, 374, 052.

According to the release the MCYS expected the work to be completed to facilitate the playing of cricket and the hosting of other sporting events at nights.

“In the Statement of Claim, the Plaintiff alleges that in executing the works pursuant to the said contract design and Construction Services Limited was guilty of negligence in the performance of the services, whereby they failed to design, specify and outline the appropriate foundation structure and electrical system for the erection of six lighting towers and to prepare adequate bills of quantities thereof,” the release stated.

It added that as a result the foundation structures and the electrical system designed by the Defendant contained “serious and substantial defects which prevented the foundation structures and electrical system from being used for the purpose they were designed for and had to be demolished, redesigned and reconstructed at additional costs to the Ministry of Culture, Youth and Sport,” stated the release.