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Courtney Benn Construction sued for GYD$359 million for two-year delay in building school dorms

Last Updated on Sunday, 14 February 2021, 13:01 by Denis Chabrol

The Guyana government has moved to the High Court to claim more than GYD$359 million from Courtney Benn Construction Company after it failed to complete the construction of dormitories at the Linden Technical Institute two years ago.

The actions of the Defendant have impacted the interest of the public  in the non-completion of the construction of the dormitories at the Linden Technical Institute,” the Attorney General, Anil Nandlall said in court papers released on Sunday.

Mr. Nandlall, he said the contract  of  GYD$ $398,272,895 for the construction of the dormitories was signed on July 3, 2017 , with the aim of completing the project on or before February, 2019. 

Now, the State has cited a breach of contract, including “inordinate delay in the completion of works under the contract.” Attorney General  Nandlall said the Ministry of Education

The construction of the Dormitories at the Linden Technical Institute was supervised at all material times by the Civil Works Engineer attached to the Ministry of Education which terminated the contract on February 12, 2021 because of the company’s “failure to comply with the schedule of works and the inordinate delay in carry out works” and “which amounted to fundamental breaches of the Agreement.”

The Attorney General said “the exigencies of the common good should prevent” Courtney Benn Construction Company and Caricom Insurance “from being unjustly enriched based on the advances received under the Contract and the terms of the performance bond” of GYD$119,481,869.

In addition to interest and such other orders that the court finds just and reasonable, the State is asking the High Court to award GYD$100 million for general damages, GYD$$39,827,289.00  as liquidated damages from Courtney Benn, GYD$119,481,869, aggravated damages of GYD$100 million for Courtney Benn Construction’s breach of agreement or alternatively, an Order of Restitution against Caricom Insurance for all monies owing on the Performance Bond the Guyana government.