TOTAL CONSTRUCTION WANTS OVER E2.4M

MBABANE – A construction company claims to be owed a substantial amount after completing a multi-million project.

Total Construction (Pty) Ltd is claiming over E2.4 million from a company styled  V&H Surgical and Patient  Care (Proprietary) Limited. 

The latter is said to be a company duly incorporated in accordance with the laws of the country, whose main place of business is the Manzini Region. The plaintiff is also a company duly incorporated in accordance with the laws of the country, whose main place of business is situated at the in Mbabane in the Hhohho Region.

In its particulars of claim, the construction company averred that on or about October 5, 2017, as the contractor, entered into a written business contract with the defendant. The contract was reportedly signed in November 2017.

The express material and or material implied terms of the agreement, according to the claim, was that the plaintiff would construct on behalf of the defendant a warehouse and offices on Portion 58 (Portion 11) of Farm Peebles Block North No.9 situated in Manzini. The agreed contract sum including tax was reportedly E26 373 894.62.

“The express material and or material implied terms of the Principal Building Agreement  was that where the contractor (plaintiff) appointed subcontractors for some aspects of the construction works, there shall be no privity of contract between the employer and (defendant) and the contractor,” reads the claim in part.

Certificates

It was allegedly agreed that the principal agent(s) would regularly on each due date issue payment certificates in respect of works already executed by the plaintiff. 

It was further agreed that each payment certificate would separately include the amounts due to either party. “The defendant shall pay the plaintiff the amount certified in an issued payment certificate with 14 calendar days of issue of the payment certificate,” alleged the plaintiff.

The construction company claimed that it executed the works for which it was contracted and on the February 27, 2020, the defendants’ principal agents issued a payment certificate. In terms of the said payment certificate, the defendant is reportedly liable to pay plaintiff an amount of E2 486 308.31.

“Notwithstanding the lapse of the 14 calendar days from the issue of the payment certificate, the defendant has failed and or neglected to pay the plaintiff the amount certified as due for payment. In the premises, the defendant is liable to pay the plaintiff the sum of E2 486 308.31. as certified in payment certificate No.19 dated February 27, 2020,” reads the claim in part.

The copy of the said agreement is annexed to the court papers. 

These are allegations contained in particulars of claim, whose veracity will be tested in court. MJ Manzini and Associates are representing the plaintiff.

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