A HIGH COURT judge has ordered the University of Trinidad and Tobago (UTT) to pay one of its former contractors the retention balance of a $12.6 million contract awarded in 2007 to construct a prefabricated building for classrooms at the university’s Chaguaramas campus.
Making the order on Tuesday was Justice Frank Seepersad, in a lawsuit filed against UTT by Pre Camp TT Ltd.
The university was ordered to pay $351,726 to Pre Camp, which received $426,413.33 pursuant to an order by the court in January 2019.
Seepersad also dismissed UTT’s counter-claim for the balance of the retention sum as it claimed the contractor never completed remedial works to its satisfaction.
In his decision, Seepersad said the court had insufficient evidence to accept UTT’s contention that the roof of the building was re-sheeted two years after Pre Camp completed the remedial work.
“It may well be that aspects of the claimant’s work were defective but the defendant failed to undertake the necessary verification processes within the contractually stipulated time period as it relates to assertions of defective work.”
He said UTT, since it was dependent on state funding, should have operated with a heightened degree of care and caution to ensure that optimal value had been received.
“It is unfortunate and quite frankly unacceptable that detailed quality assessments were not engaged in a timely manner.
“As a result the defendant and, by extension, taxpayers must now bear the burden associated with any corrective work.
“There can be no room for complacency when state funds are involved. Now more than ever all organisations and entities which depend upon state funding must ensure that contractors, providers and all suppliers strictly adhere to all contractual obligations as citizens deserve to get maximum value for its funds when they are expended,” he said.
He found Pre Camp had proved its case and ordered the payment of the balance of the retention sum and costs to be borne by UTT.
Pre Camp was represented by attorneys Leisa Kisto and Jennifer Rogers. UTT was represented by attorney Stephen Singh.
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