POLICE and Court Marshals swooped down on the property of Junior Sammy Contractors in Claxton Bay this morning with the intention of seizing assets worth in excess of $4 million.
The levy action was taken after the company failed to follow a court order delivered in March to pay the sum to a sub-contractor for construction works carried out at various sites.
However, before any property could have been seized, the action was called off after attorneys for Junior Sammy Contractors made an application and were successful in obtaining a stay by the Registrar of the High Court until November 8.
On March 27, Justice Ronnie Boodoosingh ordered that the sum of $4,258,635.48 be paid to Western General Contractors Ltd as monies owed for works carried out during the period December 2013 to February 2015.
Those construction works had taken place along the NIDCO-Diego Martin Highway - Phase 2; The Charlieville Overpass; Nu-Iron, Point Lisas; Phoenix Park Gas Processors Limited and C3 Centre at Corinth.
But in spite of the ruling, up to today, the money had not been paid.
In May, attorneys Ganesh Saroop and Alvin Pariagsingh wrote to attorneys representing Junior Sammy Contractors, asking that the monies be paid or in default, levy action could be taken without prior notice.
Even though Justice Boodoosingh’s ruling has been appealed, the attorneys warned that the filing of the appeal did not operate in such a way as to stay Justice Boodoosingh’s ruling.
No favourable response was forthcoming.
Western General Contractors had claimed that it was sub-contracted to carry out construction work at the various sites.
For each project, upon delivery of the goods and services at each site, it submitted invoices to a quantity supervisor or a site supervisor who signed the invoices as proof of the delivered goods and performance of the requested services.
It went on to claim that at no time did Junior Sammy Contractors raise any concern regarding the quality of work performed.
But on the other hand, attorneys for Junior Sammy argued that the works carried out lacked skill, care, were performed improperly and in an unworkmanlike manner. The materials used were sub-standard, unsuitable, applied improperly, and unskilfully. Most times labourers were not present at the sites and materials not supplied within a reasonable time. Poor site management and control caused excessive delay.
Because of this, the attorneys submitted that their client suffered losses in the sum of $3,328,000 given that reworks had to be carried out on the projects.
They also suggested that the invoices provided by Western General Contractors were over-inflated.
But in his ruling, Justice Boodoosingh described the evidence provided at trial by witnesses for Junior Sammy as “vague”.
“The defendant did not produce any counter documents to suggest a lower sum was due based on their records. They seemed to be content to lay back and see if the claimant would prove its case.
“The allegations were general and unsupported. Between the versions of the two sides, the claimant’s evidence was more compelling.
On the issue of Junior Sammy being dissatisfied with the works, the judge had stated he found it hard to believe given the extent of the allegations made. He pointed out that not one written complaint had been made about the quality of work.
“Surely the defendants would have been concerned about their own reputation with their clients. I saw no reason to believe that they would want to go easy on the claimant company for poor work. No special relationship was shown between the claimant and the defendant companies to justify that approach,” he had stated.