Govt slaps Courtney Benn Contracting Services Limited with another lawsuit

Courtney Benn Contracting Services Limited has been slapped with another lawsuit by the
Government of Guyana. This time it is over the breach of contract concerning the construction of dormitories at the  which was fixed at $398,272,895. Caricom General Insurance Company is also being sued.

In the lawsuit filed by Attorney General and Legal Affairs Minister Anil Nandlall, the
Government is seeking general damages in excess of $100, 000, 000, liquidated damages in the sum of $39,827,289.00, and general damages in excess of $100, 000, 000.

The Government of Guyana is also seeking $ 119,481,869.00 as the sum due, owing, and
payable by Courtney Benn Contracting Services Limited under the Performance Bond issued by Caricom General Insurance Company for the construction of the dormitories at the technical
institute.

The Government is also asking the court to award interest on all awards for damages under
Section 12 of the Law Reform Miscellaneous Act, Chapter 6:02, Laws of Guyana, such further
or other orders as the Court deems just and reasonable, and Costs.

In a Statement of Claim, Nandlall said that the Government through the Ministry of Education
entered into an agreement dated July 03, 2017, with the construction company for the
construction of the dormitories of the Linden Technical Institute at $398,272,895.

According to Nandlall, Courtney Benn Contracting Services Limited was paid an advance
payment of 15 per cent of the contract sum which is $59,740,934.25. He said that to date,
Courtney Benn Contracting Services Limited has received the sum of $117, 854,140.

The Attorney General explained that at all times, the construction of the dormitories was
supervised by the Civil Works Engineer attached to the Ministry of Education.

In court documents seen by this publication, Nandlall noted that Courtney Benn Contracting
Services Limited would have submitted a work progamme to the Ministry’s engineer but failed to comply with the programme of works.

As a consequence of the failure to comply with the scheduled programme of works, Nandlall
said that Courtney Benn Contracting Services Limited breached its obligations.
In light of this, he added that the Education Ministry caused the contract to be terminated on
February 12, 2021, on the grounds of failure to comply with the schedule of works and the
inordinate delay in carrying out works which amounted to fundamental breaches of the
agreement under the contract.

Last month, the Government filed similar lawsuits against Courtney Benn Contracting Services
Limited over the construction of the Yarrowkabra Secondary School and the rehabilitation of the

St Roses High School. In those two lawsuits, the Government is seeking more than $1 billion in
damages.