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Feb 03, 2021 News
Kaieteur News – Justice Sandra Kurtzious, on Monday dismissed an action in which Dynamic Engineering Construction Company Limited sought in excess of $242M in damages from the Government of Guyana.
The action filed by Dynamic Engineering Construction Company Limited against Ministry of Public Infrastructure and the Attorney General, alleged that there was a breach of contract by the government in relation to a contract for the construction of the Kurubrong Bridge, which was part of a larger body of works aimed at completing the Amaila Falls Hydro Electricity Project which was proposed since 2009.
The company was purportedly assigned the contract titled ‘The Design and Construction of Kurubrong Bridge Amaila Falls Hydro Electricity Project’ but the contract was breached by the previous Government in 2016, over concerns about the project’s financing.
In its statement of claim, the company said that a notice was issued by the Ministry of Public Infrastructure directing them not proceed with design works.
However, Dynamic Engineering Construction Company Limited said that this amounted to a breach of contract.
As such, the company sought damages in excess of $121M for breach of contract, loss of profit and loss or damage; an additional $121M for loss of profit and other loss or damage; and interest at a rate of 6% per annum from the date of filing to the date of judgment and at a rate of 4% per annum until fully paid under the Law Reform (Miscellaneous Provisions) Act, Cap 6:02.
During the trial, counsel for the Attorney General argued, among other things, that there was no breach of contract, and that Dynamic Engineering Construction Company Limited did not provide evidence of the loss, including loss of profit, and other damages.
Justice Kurtzious conducted a trial on December, 9 2020. The company called two witnesses who were cross-examined by counsel for the Attorney General’s Chambers.
On Monday February 1, 2021, Justice Kurtzious ruled that there had been no breach of contract by the defendants. Accordingly, Dynamic Engineering Construction Company Limited‘s action was dismissed and costs in the sum of $75,000 were awarded to the State.
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