….after facing a 234 day suspension, contractor tells press amid moves to terminate contract
By Svetlana Marshall
S. Maraj Contracting Services had reportedly been waiting two years to proceed with the major component of the $413.2M Leguan Ferry Stelling Rehabilitative Project after facing a 234-day suspension in 2019, Sattrohan Maraj said in defence of his company, even as the Government moves to terminate the contract, and file legal proceedings with claims amounting to well over $400M.
In the termination letter issued by the Attorney General, Anil Nandlall, it was indicated that the project had been delayed for approximately 20 months. While acknowledging that the contract, which was awarded on September 20, 2018 had encountered significant and repeated delays, Maraj said the delays were no fault of his company, as he laid the blame down at the feet of the Transport and Habours Department (T&HD) and the Ministry of Public Works.
“This contract was suspended for 234 days…in March 2019 to November 2019,” Maraj told reporters on Friday during a visit to the Leguan Ferry Stelling.
Though the contract for the rehabilitation of the main carriage way (timber component) and the construction of the northern section (concrete slab) of the Leguan Ferry Stelling had been awarded in September 2018, it was not until December, 2018 that the commencement order was issued. However, records show that approximately three months after, the then Acting General Manager of T&HD Yolanda Hughes had issued S. Maraj Contracting Services with a suspension letter to facilitate the procurement and delivery of all greenheart timber piles for the timber component of the project.
The suspension, which was in accordance with the General Conditions of Contracts Section 21, affected all aspects of the project and took immediate effect.
“Further, you are advised that all works are to remain under suspension until further directed in writing by the Management of Transport and Habours Department,” a section of the letter dated March 22, 2019 read.
It was not until November 6, 2019 that T&HD issued the contracting firm with a recommencement order. “Approval has been granted for the rehabilitation to recommence effective November 8, 2019,” the letter, signed by then T&HD General Manager Marclene Merchant, read.
Speaking to a pool of reporters at the Leguan Ferry Stelling on Friday, Maraj said once the recommencement order was issue the company proceeded with the project focusing primarily on the wooden component based on an Order which was issued one month prior to the March, 2019 suspension.
“…be advised that regarding the matter of the adequacy of the concrete pile lengths, you are required to commence works to the other sections of the facility/stelling not being affected by the issue,” the Order dated February 14, 2019 read.
He clarified that at the time the recommencement order was issued in November, 2019, the issue surrounding the concrete piles had not been resolved. In fact, he claims that to date, T&HD has failed to adequately address the issue.
On Friday, even as he spoke to reporters, Maraj was served with a lawsuit, though approximately month prior, he had explained in detailed the plethora of issues surrounding the project, in the particular the component involving the pre stressed concrete piles, to the Attorney General and Minister of Legal Affairs, Anil Nandlall.
In that letter dated February 19, 2021, Maraj explained: “Upon the granting of possession of the site, I requested Soil Investigation Report since a significant section of the works require to Supply and Driving of 14’’x14’’x80’ Pre Stressed Concrete Pile. No soil investigation was done by T&HD. My consulting engineer then proposed the Supply and Driving of 3No. Pre Stressed Test Pile in the absence of a Soil Investigation Report. T&HD approved the driving of one 14’’x14’’x120’ test pile, that result shows that the finish deck level will be 90.’ Hence the design length of 80’ according to the contract bill of quantities will be short. The Test Pile was done during the period January 15-18, 2019.”
Maraj told reporters that since the test pile was conducted in January, 2019, T&HD has failed to arrive at a decision on the length of the pre stressed piles to be used, reiterating that the current design length stated on the bill of quantities is short or insufficient to execute the project. He noted, however, that on November 2, 2020, the Department issued the company with a Variation Order for the design of 30 60’x14’’x14’’ pre stressed concrete piles. It was anticipated that those piles, which were prepared and available for inspection since January 2021, would have been merged with the 14’’x14’’x40’ pre stressed concrete piles, which were produced since January, 2019.
“I am still awaiting approval to proceed with the concrete works from January 2019 to February 2021, that is, a period of two (2) years,” Maraj said in his letter to the Attorney General – a position he iterated to reporters on Friday. He said the 30 pre stressed concrete piles are now sitting in his plant yard along with the others manufactured since 2019. “We are waiting for them to tell us, where to drive these piles,” Maraj told reporters.
Notwithstanding the challenges, Maraj said Government’s decision to terminate the contract and to file legal actions against the company came as a major surprise, since, it was only in January, 2021 that an extension was granted.
In a letter dated January 29, 2021, T&HD General Manager advised the S. Maraj Contracting Services that the expected completion date for the rehabilitation of the Leguan Ferry Stelling is September 2021.
A day prior, Merchant had explained the reason behind the decision, even as she acknowledged that there were “several challenges and issues” relating to the rehabilitation of the Stelling.
In that letter dated January 28, 2021, T&HD General Manager wrote: “The contract for the rehabilitation of the Leguan Ferry Stelling has been extended by seven (7) months, owing to an impasse as it relates to the acquisition of the concrete test piles, an increase in the quantity of timber members for various sections of the Stelling and unfavorable tidal conditions at the location which affected the encasement of the greenheart timber piles. Also maintaining the ferry operation while works were ongoing.”
It would appear that in that letter, Department agreed to address the concrete component of the project to allow for it to continue.
Another section read: “In the case of the impasse as it relates to the acquisition of the concrete test piles, only one test pile was driven and the information ascertained at the end of the exercise was inclusive. Hence the consultant had recommended driving four (4) additional test piles. Having resolved this issue with the Contractor, the concrete section of the project will be addressed.”
Maraj strongly believes that his contractor was terminated based on interference on the part of the Region Three (Essequibo Islands- West Demerara) Regional Chairman Ishan Ayube and Chairman of Leguan’s Neighbourhood Democratic Council (NDC).
According to Maraj, the Regional Chairman’s son-in-law is also a contractor on the island, and a threat was issued that S.Maraj Contracting Services would be stripped of all of its contracts. To date, three contracts issued to the company have been terminated since the change in administration on August 2, 2020.
The contractor expressed disappointment that a section of the Stelling that was not catered for under his contract, is constantly being highlighted in the press. That section is a wooden dilapidated area that once housed a building that was broken down for the reuse of materials.
“We had completed all of our wooden section that we were supposed to do…As you can see here, the driveway, that is what we had to do; we did additional 25 piles, another variation 25 additional greenheart piles in the higher ramp section, we had completed that too, we had driven cluster piles, we had driven fender piles and we are waiting on transport and harbor to tell us well to start the concrete section,” Maraj told reporters.
According to him, the timber component of the project is 95% completed while the concrete section, due to the indecisiveness of T&HD, is approximately 45-48% completed.
Now that his company has been sued, Maraj said he would be hiring a lawyer to defend his case.
