DON’T BLAME US

THE Housing Development Corporation (HDC) says it is not to blame for the flooding and damage to housing caused by last October’s devastating flooding in Greenvale, La Horquetta.

The corporation has also denied being reckless, negligent or breaching its duty to homeowners. HDC’s attorneys say residents – some 81 of them, who, in July, threatened the corporation with legal action – accepted the units with the full knowledge that they were constructed on what is well known as the Caroni Plains.

The HDC’s rejection of the homeowners’ complaints was contained in its reply to the homeowners’ pre-action protocol letter, which was sent in July.

In their letter, the residents said the HDC owed them, as their landlord, builder of their homes and the development, and was responsible for managing and maintaining the development. They also said the HDC was duty-bound to take all reasonable steps to prevent flooding.

Their lawyers wrote that: “The harm our clients suffered through flooding at the development both prior to and including the October 2018 flooding, would not have happened but for the HDC’s negligence and/or breach of duty. The harm suffered by our clients was an inevitable consequence of the construction of the development.” the letter said.

The residents said they intended to seek compensation for distress, anxiety, damage to person and property and for the devaluing of interest to their homes.” The corporation said it was incorrect to say the development had a propensity to flood or that last October’s rainfall was typical of any rainy season.

“In fact, there is a growing world consciousness of climate change and its consequences including changing weather patterns and floods.”

On October 18 and 19, last year, Greenvale and other areas of the country were overwhelmed by floodwaters caused by what was said to be a month’s worth of rain.

However, in its response, sent last week, the HDC – represented by JD Sellier and Co – denied being guilty of misrepresentation, fraud or negligence.

“While the development has experienced flooding, for example in October 2018, this has been the result of exceptionally heavy rainfall, the inadequacy of the Caroni River to allow the proper flow of water including surrounding flood waters, the improper dumping of refuse and garbage in the river course and tributaries as well as unauthorised interference with river banks,” attorney Marcelle Ferdinand wrote for the HDC.

“These are matters over which our client has no control.” The corporation’s attorney added that the HDC deeply regretted what the residents had to endure.

“…Your clients have been able to enjoy occupation of their units for considerable periods of time without interference from flood water. We wish however to make it clear that our client deeply regrets that your clients have had to endure such interference at any time at all.”

The reply also said while the HDC did not deny there was damage to units and loss to occupants, it maintained it was not the cause.

“It is well known that there were many other areas in Trinidad which suffered a similar fate, even though our client had no development in those areas.”

The HDC’s attorneys also pointed out that there was no flooding “anywhere near what was experienced in October 2018” during the heavy rainfall two weekends ago, during the passage of Tropical Storm Karen on September 21-23.

“Our instructions are that much of the improvements can be attributed to the reinforcement of the banks of the Caroni river and its cleaning and dredging,” the letter added.

“In so far as tenancies are concerned, our client has done nothing on the lands retained by it which rendered the units unfit or materially less fit for the purpose for which they were let.”

The HDC also said it had no contract with the homeowners for the construction of the units, also clarifying claims that Town and Country Planning had rejected applications to develop the land at Greenvale for Phase 1-3.

It said approval was given in October 2014 and July 2015, and planning permission, as it related to the drainage division, was granted after HDC proposals were accepted in principle. A certificate of environmental clearance was granted on February 23, 2005.

The HDC built 435 housing units in Greenvale. The initial project was to have been in five phases, but phases 4 and 5, which up to 2014 had not yet been developed, were abandoned.

Phases 1 and 2 were completed in 2014 and the third phase in 2015 and distribution took place from 2014 to 2016.

The three phases were completed at a cost of $336 millio n, which included the cost of retention ponds, pumps and embankments.

After last October’s flooding, the Prime Minister ordered a hydrological report “to determine why Greenvale was so heavily impacted and to determine what, if anything, can be done in terms of physical works to interfere with the drainage system there to, if not eliminate, but ameliorate and bring greater comfort to those persons who live in that area.”