EFCL to pay contractors on terms

AZARD ALI

OUTSTANDING claims for school repairs in excess of $3 million were settled yesterday in the San Fernando High Court where the Education Facilities Company Ltd (EFCL), under the Ministry of Education, has promised to pay a contractor by instalments.

The judgment for $3, 241,832.54 had been outstanding to contractor Park Square Development Company since last year for repairs to two schools. On Thursday last week, Justice Frank Seepersad ordered, by consent, that EFCL will pay under a payment plan which is to be agreed upon by both parties.

The judge, in commending EFCL for the initiative, said there is need for contractors to have assurance that they would be paid for work and the country’s current cash-flow problem ought not be used as an excuse to refuse to honour contractual obligations.

The money is owed for repairs done by Park Square to the Delhi Road, Fyzabad and the El Dorado North Hindu schools.

Attorney Haresh Ramnath, who held for attorneys representing Park Square, told Seepersad he has a High Court judgment pending against the State for the past three years which has not been paid. The judge said the law as it stands does not enable an attorney to enforce a judgement against the State.

Ramnath, who said the judgement for his client amounts to almost $1 million, told Seepersad that having written several letters to the Solicitor General’s office seeking payment, his last resort was to write to the Rules Committee of the Law Association. He said he recommended that the law be changed to enable successful litigants to levy against the State when their judgements are not paid.

Under the Civil Proceedings Rule, a litigant has six years to execute a levy against a defendant for money owing on a judgement.

Seepersad said there is a legitimate expectation that the State would uphold the rule of law “and discharge its obligations.”