Court orders $2.9m payment to supplier for unpaid Defence Force food bills

A Port of Spain business has won a $2.9 million judgment against the State after a court ruled the Defence Force (TTDF) breached its contract by failing to pay for food supplies dating back to 2011.

The company, which requested anonymity for safety reasons, successfully argued in its lawsuit that the TTDF had repeatedly acknowledged the outstanding debt of $2.1 million, but never settled the full amount. As a result, the business shut down in 2021 because of financial difficulties.

According to the lawsuit, the company suffered severe cash flow issues, which led to the return of cheques to suppliers, loss of contracts and its inability to continue in business.

“The claimant saw significant decreases in income,” the lawsuit said. “The business was unable to secure future contracts and had no choice but to permanently close.”

The company had provided goods and services to various TTDF units, including the Regiment, Coast Guard, Air Guard, and Volunteer Defence Force. It also supplied rations to military bases such as Camp Ogden, St James and the Crow’s Nest training academy at Teteron Barracks, Chaguaramas.

Over the years, the business was often asked to deliver supplies at short notice, including snack packs for children’s Christmas parties, items for Independence Day parades, the Chief of Defence Staff and President’s dinners and the annual Army Fete. It also provided food for the Commonwealth Heads of Government Meeting (CHOGM) in 2009.

In response to the lawsuit, TTDF officials argued that internal audits revealed missing purchase orders, incomplete stock records and an inability to verify whether the goods were received. They claimed there was insufficient documentation to justify the payments, and recommended that no further action be taken.

However, Justice Westmin James ruled in the supplier’s favour after a trial on February 5, and ordered the State to settle the unpaid invoices, along with interest, and pay the company’s legal costs.

The company was represented by Arden Williams, Mariah Ramrattan and Don-Marie Adolphe.