Judgment awarded against Trinidad company which failed to deliver on NDMA contract
Guyana
A $6.15m judgment has been awarded by the High Court against Trinidad and Tobago company, Davis Ecolife Ltd which failed to deliver on a contract with the National Data Management Authority (NDMA) though it collected an advance.
A release today from the Attorney General’s Chambers said that on 2nd February 2023, High Court Judge, Gino Persaud granted judgment against Davis Ecolife Ltd in an application brought by the NDMA through the Attorney General’s Chambers.
NDMA is responsible for data processing and information systems in the Public Sector. The release said that Davis Ecolife Ltd by way of letter dated 7th November 2018 held itself out to be the sole distributor and creators of the Eco Pod building system, a system that combines
energy efficient building systems with solar technology.
On the 30th November 2018, the National Procurement and Tender Administration Board granted its approval for the contract provision of two Eco Pods for NDMA to be awarded to Davis Ecolife Ltd. for the tendered/corrected sum of US$66,941.
On the 4th December 2018, NDMA executed a written agreement with Davis Ecolife Ltd at an agreed price of US$66,941 for the supply of the two prefabricated enclosures (Eco Pods) to house ICT hubs to be installed at two sites identified by NDMA.
On the 22nd January 2019, a deposit of US$28,449.54 equivalent to $6,159,325 was paid to Davis Ecolife Ltd. by way of wire transfer.
The agreement had a completion date of 25th January 2019, however, Davis Ecolife Ltd. failed and/or neglected to perform the contract in accordance with the agreed completion date.
On the 31st January 2023, NDMA through the Attorney General’s Chambers filed
an Amended Fixed Date Application seeking the following reliefs:
a. A Declaration that the Respondent breached the contract executed on the 4th
December 2018;
b. Damages in excess of $100,000 for breach of contract;
c. A Declaration that the Respondent has been unjustly enriched in the sum of
$6,159,325 as money had and received;
d. An Order for Restitution from the Defendant in the sum of $6,159,325, constituting an advance payment made by the Claimant to the Defendant for which there were no works done;
e. Interest in accordance with Section 12 of the Law Reform Miscellaneous Act, Chapter 6:02, Laws of Guyana;
f. Such further or other Orders as the Court deems just and reasonable;
g. Costs.
The release said that the Trinidadian Company failed to file an Affidavit in Defence to the Application and failed to attend court on two occasions. The Court therefore granted judgment
in the sum of $6,159,325 and costs in the sum of $500,000 in favour of NDMA.
NDMA was represented by Attorney General Anil Nandlall SC,
and Teakaram Singh, State Counsel. Davis Eco Life Ltd was initially represented by Attorney-at-law, Javed Shadick and thereafter by Marissa Nadir, Attorney-at-law. Both
Attorneys withdrew their appearances in the matter, the release said.
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