The Nation Newspaper today carried the story of a threatened law suit of $60 million dollars by Lagan Construction, a British company, against the government of Barbados. Lagan Construction is reacting to government award of the contract for building the Barbados Marina Project to Signature Management Inc for a bid which trumped Lagan’s by 23 million dollars.
The following was posted by a commenter to BU on another blog which purports to encapsulate the facts of the issue. BU believes it is an important matter to merit separate scrutiny by the BU family.
BU spell-checked
- Sen. Darcy Boyce was CEO of BTI and a member of the Technical Evaluation Committee, it appears the purpose of that committee was to get a verdict that the Government design of the marina (by Halcrow) was flawed.
- The BTI and or the GOB paid over $12 million on the design by Halcrow.
- Signature Management Inc participated in the BTI Pierhead Marina Bidding process with VECO even though it is an International Business Company (IBC) and which makes it illegal for such a corporation to conduct business and or sell services or products in Barbados.
- Signature Management Inc’s participation in the VECO bid made it, VECO’s bid, illegal and incapable of acceptance.
- The need for Technical Evaluation Committee of the BTI only occurred after it was obvious that VECO bid was not the lowest substantially responsive bid.
- The rules of the bidding required BTI to only award preferred bidder status on the company adjudged to be substantially responsive offering the lowest rent.
- Halcrow determined that Lagan was the substantially responsive bidder offering the lowest rent.
- Notwithstanding the allegation that the Halcrow (retained and paid for by BTII & GOB) design was not buildable, BTI or GOB never attempted to recover any part of $12 million paid to them in fees.
- Darcy Boyce on the 2nd of January 2008 (Parliament was perogued) was busy writing a cabinet paper trying to get Signature Management Inc declared as preferred bidder.
- Darcy Boyce became a Minister of State in the DLP administration and the Chairman of the powerful Infrastructure Committee of Cabinet.
- Minister Sealy lost control of BTI in the November 2008 Cabinet reshuffle because he wanted the project sent back out to bid, this did not coincide with Sen. Darcy Boyce wishes.
- Chairman of BTI, Dr. Jerry Thorne gave the Cabinet and GOB more than 20 reasons in writing why Signature Management Inc could not be awarded a contract to build the marina pursuant to the bidding process.
- BTI attorney M. Adrian King was the Corporate Secretary of BTI and knew full well why the BTI could not award to Signature Management Inc.
- After constant and repeated pressure from a senator (guess who) the Chairman, Dr. Jerry Thorne resigned from BTI. The Chairman refused point blank instructions to award a contract to a company which all parties knew would amount to an illegal act and put BTI legally exposed to a claim for damages from Lagan.
- The board of the BTI refused to enter into an illegal transaction with Signature Management Inc.
- Dr. Jerry Thorne’s resignation was accepted and he was thanks for his service by Cabinet.
- Confusingly Cabinet purported to revoke his appointment 3 months after he tendered his resignation and it was accepted.
- Lagan will win millions and millions of dollars against BTI and GOB and this DLP administration knew the potential prior to awarding the contract to SMI Infrastructure Inc.
- SMI Infrastructure Inc was incorporated in St. Lucia in 2009, 3 years after the BTI bidding process and after Glyne Bannister realised that Signature Management Inc. could not legally be awarded the Marina project.
