Judge appoints arbitrator for airport paving dispute

A High Court judge has appointed a sole-arbitrator to adjudicate on a claim by the Airports Authority against Jusamco Pavers Ltd involving a multi-million dollar airport runway paving contract.

Justice James Aboud on Monday appointed Jamaican Queen’s Counsel, Dr Lloyd Barnett, as the sole arbitrator. In default, if Dr Barnett is unable to sit as arbitrator, the president of the Law Association will be approached to appoint someone.

The authority filed its claim in 2018, asking the court to appoint an arbitrator in relation to a $165 million contract for the paving of the runway at the Arthur NR Robinson International Airport in Tobago. The contract between the parties was executed in 2011. After the works were completed, the authority alleged several defects occurred.

Jusamco, as part of the defects clause in the contract, did remedial works and also said it carried out additional works at its own expense and voluntarily as the authority was an important client.

A new engineer, appointed by the authority, indicated that Jusamco was liable for the defects and the costs associated.

In response, Jusamco maintained that it satisfied its obligations during the defects period and denied liability for any defects. In October 2015, a notice of arbitration was sent to Jusamco and nine months elapsed and the authority approached the court to have it appoint an arbitrator. In resisting the application, Jusamco’s attorneys argued that the claim was outside the period for arbitration and seven years had elapsed between the completion of works and the filing of the claim.

In his decision, Aboud said the issue of limitation would be best for the arbitrator to assess. A stay of the judge’s order has been granted as Jusamco has already indicated its intention to appeal.