Trinidad company ordered to repay Government over failure to supply Eco Pod
Trinidad and Tobago
A Trinidad and Tobago company- Davis Ecolife – has been ordered to repay the National Data Management Authority (NDMA) more than $6.1M over its failure to supply the authority with two Eco Pods.
The judgement was handed down earlier this month by High Court Judge, Gino Persaud.
An Eco Pod building system is a system that combines energy efficient building systems with solar technology to offer one complete product.
In a statement on Monday, the Attorney General’s Chamber explained that on November 30, 2018, the National Procurement and Tender Administration awarded Davis Ecolife a contract to the tune of US$66,941 for the provision of two (2) Eco Pods for NDMA.
On the December 4, 2018, NDMA and Davis Ecolife Ltd signed an agreement for the supply of two (2) prefabricated enclosures (Eco Pods) to house ICT hubs at two sites identified by NDMA.
However, though an initial sum of US$28,449.54 or GUY$6,159,325 was paid to Davis Ecolife on January 22, 2019, the company failed to make good on the contractual arrangement.
“The said 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,” the AG’s Chambers explained.
However, it took NDMA some four years before it moved to the Court to recover the sum. Through the Attorney General’s Chambers, NDMA, on January 31, 2023 filed an amended Fixed Date Application seeking a number of reliefs, including an order for Davis Ecolife to refund the Data Management Authority.
The Trinidadian company, however, failed to file an Affidavit in Defence, and after two missed sessions, the Court on February 2 granted the Application’s judgment in the sum of $6,1M and costs in the sum of $500,000 in favour of NDMA.
NDMA was represented by the Attorney General, Anil Nandlall SC MP, and Mr. Teakaram Singh, State Counsel. Davis Eco Life Ltd was initially represented by Attorney-at-law, Mr Javed Shadick and thereafter by Ms. Marissa Nadir. Both Attorneys withdrew their appearances in the matter.