Contractor wins $23M case against OAS

In September 2015, OAS pulled out of the project and hundreds of workers lost their jobs and tens of millions owed still to several local contractors. ANSAD, of Point Fortin, sued OAS over an agreement in 2014, that ANSAD provide bulldozers, sheep-foot rollers, quarry trucks, concrete mixing plants and concrete boom pump trucks for work on the highway. The lease of these equipment was for the period between March 2014, to August 2016.

In a breach of contract lawsuit, ANSAD claimed OAS was supposed to pay rental for the equipment for 15 months and in United States currency. ANSAD would in turn maintain and service the equipment, the rental for some of the equipment having amounted to between US$73,000 and US$1,533,000. ANSAD’s attorney Abdel Mohammed contended in legal papers filed by attorney Shabaana Mohammed, that ANSAD was required to provide personnel to operate the asphalt plant.

Additionally, ANSAD provided as the construction continued until Grants Trace, Rousillac Village, with the provision of Six CAT excavator; One D 6 tractor; Five CAT quarry truck; Two motor grader with operators. ANSAD’s managing director Aleem Ali, contended that he made numerous attempts and requests, orally and in writing, to OAS for payment, but to no avail. He added that in an email sent in November 2015, to OAS managing director Rodrigo Ventura, the latter agreed that due to non-payment, to add interest on ANSAD’s claim at the rate of two percent. OAS filed a defence in which it alleged that in October and November last year, the claimant ANSAD retained possession of its (OAS) materials and equipment without permission.

As a result, OAS incurred losses.

In a case management hearing, Justice Rahim ordered judgement for ANSAD on an admission in OAS’ defence, that it owed $19,922,925, plus interest at a rate of 8.75 percent per annum.

The judge further ordered a further $1,665,220.69 which OAS is to pay. The company is to pay ANSAD’s cost assessed on the prescribed scale in the sum of $189,795.51. It was further ordered that the hearing of the matter regarding the remainder of ANSAD’s claim, is to proceed.