Courtney Benn slapped with another lawsuit over delayed work under $398M contract

Feb 15, 2021 News

Kaieteur News- Courtney Benn Contracting Services has been sued over yet another multi-million government contract for his failure to complete works on a building project.
Just last month, Benn was sued by the State for breaching a $414.3 million contract with regards to the re-construction of the St. Roses High School.
This time, Attorney General and Minister of Legal Affairs, Anil Nandlall S.C in his capacity as the State legal representative, is suing Benn over his failure to complete works on the Linden Technical Institute, dormitories.

Attorney General, Anil Nandlall.

According to court documents seen by this newspaper, the contract of GYD$ $398,272,895 for the construction of the dormitories was signed on July 3, 2017.

Courtney Benn of Courtney Benn Contracting Services.

Under that agreement, Country Benn was scheduled to complete a programme of works on or before February, 2019 but failed to do so. As a consequence of the failure, Nandlall said that Benn breached the conditions of the contract.

In his claim, the AG cited the inordinate delay in the completion of works among the grounds for the eventual termination of the contract.

Nandlall noted that 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, but was later terminated by the Ministry on February 12, 2021.
As such, the Attorney General cited a list of damages to which he believes the State is entitled as a result of the breach.

Among other reliefs sought, Nandlall has asked the High Court to award $100 million for the breach of contract ; $$39,827,289.00 as liquidated damages from Courtney Benn, GYD$119,481,869 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 to the Guyana government.

In the document the AG noted that 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.

Nandlall also asked the court to add interest and such other orders it finds just and reasonable.

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