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Contractor to repay $.8m for undone work

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A contractor who was paid for work he did not do in cleaning the Mayaro market was yesterday ordered to repay the Mayaro/Rio Claro Regional Corporation more than $870,000.

In entering judgment against Heralal Rampadarth, who never filed a defence in the claim, Justice Frank Seepersad also ordered the contractor to pay the corporation’s legal cost.

Delivering a written judgment in the San Fernando Civil Court, Seepersad said the evidence adduced before the court outlined that the defendant failed to discharge his contractual obligations and failed to perform the required washing, sanitising and cleaning of the designated M2 area (Mayaro market) and as a consequence was overpaid.

Seepersad said, “Given the current economic climate, such a circumstance is simply untenable and the court must jealously guard and protect the public’s interest. The culture of lawlessness, corruption and the misguided views of entitlement that prevail in this society, cannot be condoned.

“Citizens must understand that unjustified and unmeritorious claims against the State will not be upheld and just remuneration must be contingent upon performance and goal oriented task completion.”

The judge further said the court cannot condone the exploitation of the treasury and all claims on the public purse must be carefully reviewed.

Rampadarth was awarded the three-year contract in February 2013 for cleaning services for the Mayaro Market by the T&T Solid Waste Management Company Ltd. He was paid by the Corporation $2,304, 640.25.

However, after the Corporation officials found out the contractor had breached the contract by not washing, sanitising or removing refuse from the market, a meeting was held with the contractor.

It was agreed, however, that payments to the contractor will continue, but any monies paid in excess of the quantum of the works done will be repaid to the Corporation. However, the contractor did not honour this agreement.

The Corporation had to pay an additional $879, 307.18 to do the work which the contractor failed to do. Declaring that the contractor has been unjustly enriched, the judge ordered the contractor to repay the $879,307.18 and interest to the Corporation. He also ordered the contractor to pay $50,598.69 in costs.

Attorneys Cheika Anthony and Andre Sinanan represented the corporation’s interest. There was no representative on behalf of the contractor in court.


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