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Monday 18 June 2018
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OAS to pay $4M to land developer

Justice Carol Gobin

Yet another judgement has been registered against Brazilian contractor, OAS, involving construction of the highway to Point Fortin.

Yesterday, Justice Carol Gobin, presiding in the San Fernando High Court, ordered Construtora OAS SA to pay $4 million to Edan K Properties for destroying 425 acres of its lands in south Oropouche during construction of the highway. In a lawsuit, the company contended that OAS contractor made an agreement to store its equipment on the lands as well as depositing materials. It agreed to restore the property upon completion of the highway in the vicinity of the Gordineau bridge. Part of the restoration works was to backfill the land with material and remove unused stockpile.

In the lawsuit filed by attorney Abdel Mohammed for Edan Properties, construction work on the highway ended in December 2015 and OAS removed its equipment and material, but left the lands in a state of disrepair.

OAS attorneys, however, filed a defence to the claim in which it contended that Edan Properties did not provide documentary evidence of damaged drainage as well as photographs of how the water courses on the land had been interrupted.

The trial of the issues was heard before Gobin and in an oral ruling, she found in favour of Edan Properties and awarded damages in the sum of $4,111,450.00 plus legal costs, due OAS’ failure to restore the lands. Attorney Shabaana Mohammed represented Edan Properties, while attorneys Devesh Maharaj and Associates represented OAS.

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