Pay contractor $3M
Unishore Limited of Aranjuez Main Road yesterday obtained a judgment against the firm after it failed to pay for materials purchased for road works on the Point Fortin Highway.
Justice Devindra Rampersad yesterday ordered that OAS pay to Unishore the sum of $3,114,716.91 and costs in the sum of $186,867.92.
In November of last year, Justice Rampersad ordered OAS to pay Unishore’s owner Surujdeo Parai a total of $8.860 million, including costs for services it rendered in the construction of the La Brea segment of the over $7 billion project, which is still incomplete.
Yesterday’s judgment involved the payment of items purchased by Unisore, which included guard rails, supporting posts, reflective lights and roadway marking paint, for work to be done on the Dumfries Road to Godineau segment of the highway.
Although a consent ordered had been entered into by both parties, OAS’ lawyers contended that Unishore could not prove that the procurement of materials purchased was within the scope of the contract.
In his ruling, Justice Rampersad, however, said that the figures quoted by Unishore in its claim had been prepared and quantified by OAS, which he ruled was legally bound in contract to pay to the subcontractor. Justice Rampersad also noted that Unishore provided proof that the speciality items purchased in the United States were brought into the country and customs brokerage and handling fees were paid for by them.
In his order, the judge also said that Unishore was entitled to repayment for the VAT exclusive cost of materials, customs brokerage and handling fees and was entitled to the 20 percent markup and 17 months of interest charges, as agreed to in the contract.
This was just one of several million dollar lawsuits against OAS.
OAS is no stranger to controversy as in late 2014, several executives the construction giant were indicted by Brazilian law enforcement agencies for of making bribe payments to politicians and committing administrative irregularities in several Latin American countries.
The highway project is a reportedly only a little over 50 percent complete and has been marred by controversy since it commenced in 2011.
Construction had to be delayed on several occasions due to protest action at various sites taken by the Highway Reroute Movement (HRM), who opposed it based on environmental concerns and issues with the displacement of residents, whose land had to acquired by the Government for construction.
Unishore was represented by attorneys Kelvin Ramkissoon and Leon Kalicharan while attorneys Wendell Louis and Kandace Bharath appeared for OAS.
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