Bridgetown Pierhead Marina Project – Government of Barbados Faces Possible Law Suit Over The Award Of Contract To Signature Management Inc

Michael Lagan, Chairman

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
  1. 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.
  2. The BTI and or the GOB paid over $12 million on the design by Halcrow.
  3. 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.
  4. Signature Management Inc’s participation in the VECO bid made it, VECO’s bid, illegal and incapable of acceptance.
  5. 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.
  6. 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.
  7. Halcrow determined that Lagan was the substantially responsive bidder offering the lowest rent.
  8. 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.
  9. 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.
  10. Darcy Boyce became a Minister of State in the DLP administration and the Chairman of the powerful Infrastructure Committee of Cabinet.
  11. 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.
  12. 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.
  13. 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.
  14. 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.
  15. The board of the BTI refused to enter into an illegal transaction with Signature Management Inc.
  16. Dr. Jerry Thorne’s resignation was accepted and he was thanks for his service by Cabinet.
  17. Confusingly Cabinet purported to revoke his appointment 3 months after he tendered his resignation and it was accepted.
  18. 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.
  19. 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.

0 thoughts on “Bridgetown Pierhead Marina Project – Government of Barbados Faces Possible Law Suit Over The Award Of Contract To Signature Management Inc

  1. This Government is in trouble
    I dont think the electorate will give them a chance
    I think it was a mistake not calling early elections
    I think it was a mistake not making Chris Sinckler Prime Minister

    Mistake after Mistake after Mistake

    Ms. Minister Maxine Mistake McClean Made Miserables Mistakes in the Myrie Mayhem in March

  2. @Tina Roach . You observation seems to tally with most of John Public that I’ve come in contact with.
    Course if the DLP want to salvage anything from this perceived or real mess, then they have to look at Owenising the party, ie kicking the leader out.
    But everyone seems to think that the roads of Barbados are paved with gold, and are seeking their fortunes via claims.

  3. And I thought Darcy Boyce was an honourable man! Wow!!

    This development certainly cannot now begin with this lawsuit pending. These is damaging revelations. But corruption and the DLP go hand in hand. I always wondered why Dr Thorne and Mr Berstein resigned knowing they were supporters of the DLP.

    Is this Adrian King related to Sir Maurice King?

    In view of the revelations above, should we not hear even one word from the PM? When he deigns to speak to us mortals, after having studied the facts as Sinckler said he does, is he going to tell us that Darcy Boyce and Glyne Bannister are his friends and that they are not lepers and so he cannot disown them?

    Well, well, the plot thickens! Corruption in high places? Where is the integrity legislation?

  4. Tina,

    I agree with you on Maxine McClean. She never impressed me on the call in programmes, I always thought she was DLP operative no matter what she said or much she denied it.

    She was wrong to deny up front that the Myrie claims were baseless. A prudent minister would have stalled things by saying, we are going to investigate the claims and this would have cooled things a bit but she and stupid Harry Husbands inflamed the situation.

    It all boils down to the fact that most of them are square pegs in round holes and with the dead king gone, they are at sea.

    Have you noticed that when the Dems are in office, things always seem to happen in the embassies and not a word from the minister?

    But back to the issue at hand, another scandal is brewing and it looks bad. I want to hear the DLP operatives who are always spreading lies about the BLP on this one.

    But if Glyne Bannister is Darcy’s friend and partner, how could he be in the position to be pushing business the man’s way? Isn’t this a clear conflict of interest? Where is the integrity?

    • @ac

      Why do you think three directors of the board would have resigned, and they are known to be DLPites.

      It can’t be that straight forward, Lagan is not a billionaire because he is an idiot.

  5. Seems Glyne Bannister is “friend of all and an astute businessman.”

  6. Lagan ain’t getting sh…t. He might be worth billions. After All the contractual agreement was revoked by BTI 14days later in Nov. 2009. It isn’t as lahan didn’t know the govt would be blooking elsewhere for other bidders.

  7. Sinckler says a budget is coming soon
    Lawd Ah cant tek um nuh more !

    Owen ! Owen ! I aint vote for yuh -last time !–Forgive muh !
    I didnt want yuh fget 4 terms ahead ah Barrow–it woulda go to yuh Head and you would feel that you is the greatest
    SOS – (Sorry for that Owen Seymour)
    Save Muh Owen !
    Ah beg yuh Owen !

    Barbados under Fire by Health Ministers at Guyana Conference
    Lawd ah cant tek um nuh more
    This Government got me bawling !!
    boo hoo hoo !
    This is what Freundel Stuart and dem doing to we ?
    Have mercy !!

  8. Once again the Barbados Lbour Party is lining up behind people who are against the Govt. and people of Barbados.

    However at the next General Elections they will knock on the doors of Bajans and beg them for their votes.

    Barbados Labour Party people have no shame at all.

    For all of their treachery I can see the Barbados Labour Partty being on the opposition benches for a long time to come. The people of Barbados will make sure that it happens.

  9. Look out !
    Owen is going to outsmart somebody again
    Owen is one of the smartest men alive
    careful !
    Owen aint easy !

  10. wait
    I C-A -DOG- AN he is back again talking dog-mess
    I C -A -DOG –

  11. Adrian King is the husband of Natasha King the personal assistant to the late prime minister David Thompson. Don’t have to guess how he has buttered his position.

  12. I have checked the DLP manifesto and no where in there do I see any mention of building a marina. So something’s up!

    What I do see on page six under Lowering the Cost of Living is this…. a DLP administration will review the basket of goods.. the basket is too limited in the light of the high incidence of chronic diseases… something must be done to ease the cost of living…
    …A DLP administration will examine the feasibility if removing VAT from light bills on all ………and here is the best part……………

    Barbados can rest assured that a DLP administration will do something tangible and meaningful about this vexing issue of the cost of living because we are beholden to no one.

    What prophetic words……..they are beholden to no one…. JADA? Glyne Bannister? CLICO?

    • @Prodigal Son

      Don’t think Barbadians are that silly to expect a government in a recession against a backdrop of rising commodity prices to significantly make a dent on inflation.

      In fact the Governor of the Central Bank just warned that inflation will be on the rise given we are a country which imports almost every thing.

      As a side point, Minister Sinckler advised today that the government signed off on the entry of Cost u Less to Barbados.

  13. David,

    In light of the revelations on this blog, do you really believe Sinckler when he said that the government has a good case? Sinckler may be bright but not as a Minister of Finance.

    He has had to go back on too many of his pronouncements for me to have confidence in him. A friend of mine who works in government has told me that the government is going to reverse the taxes on the travel allowances for them.

    So I would take what he says with a dose of salts, he projects an arrogant and pompous front to hide his incompetence as Minister of Finance. And that’s not being partisan, it is a view shared by many I know!

  14. David
    When the DLP came to power, we had already begun to feel the recession in Barbados. The former P.M Arthur was telling bajans that things would get hard but the DLP refute this and said it was Arthur who was making things hard for bajans to live. Remember when Arthur told bajans they should start doing some backyard gardening to offset spiralling cost of living. the dlp was offering reduced loans on first time home owners, duty free cars for senior civil servant and a million other sweet sounding things that i knew was impossible, it is that that is licking them now, David sounded so genuine that simply people believed him, I told him then and I’ve said it before, he didn’t have to do that to win the government, the voters had already made up their minds, the blp was doing foolishness , plus never before in barbados was a party given four terms.. I was looking through my Dlp manifesto and very little of what was promised has been done so far. The Dlp has wasted too much time canvassing after they had won the elections, even to this day they are blaming the BLP for everything that has gone wrong. We know what the BLP did wrong, that’s why they were voted out but it is almost time for a general elections again and the swing voters, who determines who wins the elections, can’t find much that the DLP has done, maybe except build houses and many still unoccupied and some keys being passed back in.

  15. What difference doesit make if DLP or otherwise. Not all family members alwaysagree. I do however agree with Chris Sinkler Lagan the billionaire ain’t gonna gtnutting. Show the court the signed CONTRACT! not a negotiating paper.

  16. I trust you also know that Hallam Nicholls is the appointed agent of Lagan for this region and Lagan’s work at the Bridgetown Port was an ongoing exercise of one contract after the other ?

  17. @ ac

    You said : “All the contractual agreement was revoked by BTI 14days later in Nov. 2009.”
    Then: “Show the court the signed CONTRACT! not a negotiating paper.”
    Yuh got me confused!!

    “Responding to Mottley, King suggested, inter alia, that Lagan should bring its action against Thorne; that Thorne acted ultra vires and his actions were not binding on the BTII or Government; that Lagan had been advised not to rely on Thorne’s representations; that the design submitted by Lagan was not buildable; and that Provision 33.1 of the instruction to bidders stated the BTII reserved the right to select, annul or reject all bidders at any time prior to the award of a contract without incurring liability.”

    What capacity Thorne was acting in and when do you cease to be a bidder? BU lawyers.

    @ David
    And he is the son of Sir Maurice.

  18. So Wishing in Vain

    what are your current thoughts on the DLP’s new partner, Glyne Bannister?

    • The question which is troubling in all of this is the point which enuff raised a moment ago.

      Shouldn’t Thorne know the rules governing the board to know if he was acting ultra vires or not?

      Additionally the board of the BTII would have legal counsel available to it.

  19. You also know that these persons left Barbados to meet Lagan in Antigua to sign and deliver this letter, the proposed plan was not considered workable and received no approvals were given.

  20. It would seem that there was not a whole board in place for a while so who decided that the Halcrow plans were not workable, Darcy Boyce as per point #1?

    Jerry Thorne dont suffer fools gladly so there has to be a good reason for his resignation.

    Did the lawyer on the board at the time say that the contract was not binding? If his only answer to this mess now is that Lagan should sue Thorne, then the Barbados government is up shit street.

    I sat on a board some years ago with Darcy and I know how he can manipulate a board and stare it to make the decision he wants, so I am not surprised that he tried to get this BTI board to stare the contract to his friend. To do this obviously, they had to come up with a reason why Lagan’s plans could not work.

    Darcy’s big problem was that maybe he did not really know Thorne and that he is not one who could be pushed around!

  21. In 2007, Wishing in Vain wrote ““You are very right Zulu they have promised heaven and earth and delivered nothing other than mega stealing take one look at the jail contract awarded to a company Bannister and Nicholls brought to Owing and he has awarded them the contact for the storage facility the Jail and I am investigating it ”

    In 2011 the party WIV supports, far from investigating Bannister, awards him a BOLT contract to build the B’town marina.

    Another insightful comment from Wishing in Vain from the same blog in 2007 – (The BLP) “speeding up contracts awarding them to friends of the party for their cash back scheme just look at the flyovers as an example of this fast track system have you ever seen a gov’t contract get awarded in such haste and what do we know about the players involved I look deep enough you will find Bannister and Nicholls showing up in there by extention that includes Owing as well.”

    Well Mr Nicholls has apparently not seen the error of his ways but Mr Bannister has obviously been washed clean in the blood of the DLP ‘s fatted calf and now is able to feed at the public trough once more.

  22. This whole thing stinks, this government seems to have dabble in too many funny deals and somebody needs to be accountable. In case no-one is identified, then the onus is on the P.M to either show up some-one or take the fall himself. Personally, I don’t think Stuart is interested in contesting that seat again, so he is just in cruise control waiting for the next elections, if he was keen on going on further, he would have called elections soon after David’s death, when he would have gotten many sympathy votes. not many of those votes are available anymore.

  23. This is a storm in a teacup and will blow over within a few days. I think the BLP is at work here and are trying to fan the flames of this non-issue. Christopher Sinkcler is doing a very good job at Minister of Finance.

  24. @david

    The government lawyer also taught they had a strong case in the dismissal of barrack. Best the let the esteemed judges rule on it. A defining case for the new CJ to tackle in appeal if it get there. It all going to get interesting. If they happen to win and get payed out well barrack has all the ammunition he needs to complain however he wants.

  25. BLPites a bunch of rebel rousers and i am tone deaf when it comes to listening to anything they have to say. This lawsuits however does gives Mia Mottley more political mileage as it allows her to keep her name in the spotlight, .

  26. comparing barrack case to this case is like comparing aples and oranges. Barrack did the work. This guy was only offered “Perferred Bidder” status which was revoked 14days later.

  27. In case no-one is identified, then the onus is on the P.M to either show up some-one or take the fall himself.

    I heard about absentee owners -plantations-slavery
    and I heard about ceremomial Presidents
    What is Freundel’s Stuart role ?

  28. Pong, It maybe useful for you to note that the only plan approved by all depts of gov’t was the one sumitted by this person, at the end of the day the project has to out tender and with a little effort we could see a local company doing the work.

    I am not a fan of Bannister never have been but if he did the work and his plan is the one that has been approved by TCP, CZM and everyone who has to approve work such as this has approved his plan I cannot fault him.

  29. Of course after Mottley has been put out to pasture of course she will try to stay relevant and taking this case and working for Four Seasons will give her that opportunity seeing that Owing has sought to cut her down to size.

  30. David, LoL Not for me LoL, maybe we could see the positives coming out of the effort of gov’t to deliver a world class marina that has been lacking in Barbados for many years and see the positives that this project can bring in foreigh currency returns and a new type of marine provider of services.

    Where I like the wholesalers and providers of meats, foods drinks and such services I would the happiest people in the world as this opens news doors for their businesses in providing big value items to these visiting yachts, and a new type of craftsman and marine skilled workers, Deisel engine repair men, sail makers, fibreglass repairmen, small engine repairmen, electronics repairmen, divers the list is too long to mention.

  31. oh good more boats cluttering up and polluting Barbados waters.
    why Barbados contractors not building this marina.?
    all these years and we don’t have our own builders.????
    we need the foreigners to build for us.
    Has any survey been done on the pumping of raw sewage out of boat toilets .
    Is that the reason the reefs are dyeing?
    good job just go ahead.
    don’t matter the effects on the Eco system.
    well done and executed.
    well at least the nelson street will be close at hand.

  32. @Harry

    It is a no-win situation isn’t it?

    The BLP wants to drill baby drill of our shores in deep waters and the DLP is bringing another marina whose harmful affect on the ecomarine system is well document.

    What is a small and poor country suppose to do?

  33. When the currrent BTII Chairman, Mr. Marryshow says the project will bring in BDS $50.0 M in the first two years please understand he is talking about proceeds from a $50 M dollars (US dollar) loan taken out by SMI Infrastructure Solutions Inc and guaranteed by the Government of Barbados. This 50 M dollars is to just to pay for the new design and remember that BTII has a perfectly buildable design that it paid $13 million for.
    Marina expected to bring in millions 4/16/2011(The Advocate Newspaper)

    The BTI chairman indicated that while these slips are what they have in mind at present, SMI Infrastructure Solutions Inc., the company that has been awarded the contract, will be undertaking a market study to determine if the proposed slip distribution is appropriate.

    “At the conclusion of the market study, SMI will provide a recommendation to BTI regarding final layout and slip distribution to be utilised in the final design of the marina facility,” he said.

    Please read the final paragraph of the caption above which was taken from the Advocate newspaper and is a quote from the Chairman of BTII. If the final layout and slip distribution is not yet determined and that is a requirement for the final design of the marina facility please can someone advise how a cost of BDS$505 million has be arrived at? The truth is that this MOU while probably binding allows SMI to charge the price (increase) as the design develops and that the price of BDS $505 M is not more than an indicative price.

  34. Can someone, anyone, post URLS to pictures of Hallam Nicholls and Glyne Bannister? A reward is on offer ….! Are these men White shadows, Brown shadows or Black shadows.

  35. Humm @ 70 meter the largest berth, won’t fit most the mega yachts that come here. they still need to use the deep water harbour. port ferdinand will also begin selling berth from next year if all goes well. depending on how fast they sell can show us how the marina is likely to perform. The picture show in nation has altered concept on it so is that the main design now ?

  36. harry, you comments clearly displays a level of stupidity on the matter of these vessels.

    These vessels are completely self contained and carry either sewage treatment plants onboard or use holding tanks so the are no challenge to Barbadian Waters.
    Maybe next time before you type nonsense you should get your understanding of the matter at hand better understood to make a meaningful contribution.

  37. BLPites a bunch of rebel rousers and i am tone deaf when it comes to listening to anything they have to say.

    ac the correct term is rabble rouser.

  38. @wishing in vain

    Having self contain , holding tanks or sewage plants on board doesn’t necessarily mean they use them.You are still allowed to dump the sewage @ sea. normally the regulation state at least 3 miles from shore. Not exactly sure what Barbados own is.

  39. Have you noticed that WIV has totally ignored the piece below. Has nothing to say that in 2007 he spew venom on the BLP and it has now fallen right back into his face.

    The Dems are a rare breed of people.

    Ping Pong | April 17, 2011 at 8:52 PM | In 2007, Wishing in Vain wrote ““You are very right Zulu they have promised heaven and earth and delivered nothing other than mega stealing take one look at the jail contract awarded to a company Bannister and Nicholls brought to Owing and he has awarded them the contact for the storage facility the Jail and I am investigating it ”

  40. Fcuk you BLP and DLP shites. This is systemic and two failed private members clubs going at each other does nothing but fill space on a blog. Who the hell are these people – Hallam Nicholls and Glyne Bannister. What the fcuk do they look like? Anyone can volunteer a synopsis of their history of involvement with supplying Governments with contracts? Who knows, if their images and history were known to the Barbadian people through the social network, natural justice of a sort may develop ….!

  41. The only good thing to come out of this whole mess is that we won’t see a marina for at least another 10 years.

  42. This project is going ahead whether the BLP likes it or not. This frivolous suit will have no effect on its outcome. The Barbados Labour Party jokers realize that it will give a big boost to the economy and they can not allow that happen.

    The Marina, Pickerings, High rise housing and the many other projects that will follow are all projects which will have tremendous benefits for the country and the people of Barbados.

    Fortunately nothing being written here by the Barbados Labour Party gangsters will mean a thing other than to them. The Democratic Labour Party is doing a wonderful job with or without their help. Personally I prefer without their help. The members and supporters of the corrupt Barbados Labour Party are too tainted for us to be associated with them.

    Bunch of crooks.

  43. Carson, why are you so emotional. Check the behaviour of both party members who dine and wine with each other and you will see none of them behave like you. Your brain is so hard, maybe you need an updated hard drive so that you can reason.

    I have to criticise both parties since we all have to live on this rock.

  44. “The members and supporters of the corrupt Barbados Labour Party are too tainted for us to be associated with them.”

    But the whole point of this thread is to show that the DLP is in fact willing to and is associated with the tainted “members and supporters of the corrupt Barbados”.

    More capitulation.

  45. The marina will be built right after Kellman gets his airport in St Lucy…

  46. @ Paul Barnes

    A nice bit of gallows humour. I would laugh if the consequences for Barbados were not so serious. You are right…… probably will never be built however by that time the taxpayers of this good Country would have spent 60.0 million on two designs and with nothing, absolutely nothing to show for it and would be facing the prospect of paying another 60.0 million in damages. Imagine that, the worst case scenario could be a $120 million expenditure and nothing built.

  47. @ Otter the Trotter – agreed…it really is no laughing matter. Add in the $60 million (compounded) owed to Barrack and our great-great grandchildren will be making payments on nothing but arrant folly and lies.

  48. This matter continues to get more intriguing by the email.

    BU will post an update to this issue later.

  49. “Every year in gov’t the DLP will get stronger and better, and with the world economy improving in the next two years, why would we change for another good while?”

    This my friends is what has the Barbados Labour Party desperate. That is why every project in Barbados is being viciously attacked by the Barbados Labour Party Gangsters. They are scared stiff of anything and everything that the Democratic Labourty Party does.

    They see prosperity around the corner and they are doing their worst to sabotage it. But all to no avail. Owen”seethru”Arthur’s hat-trick of defeats is just around the corner.

    From their vantage point the Corrupt Barbados Labour Party can see five more years on the opposition benches staring them in the faces so they wrongly believe that pulling down everything the Democratic Labour Party does will prevent it.

    They are even backing everyone who seek to do Barbados and the people of Barbados harm, no matter where they are from.

    Desperate indeed!

  50. Carson C. Cadogan wrote “with the world economy improving in the next two years”.

    Not going to happen. More likely scenario is another recession.