The Privy Council has ruled in favour of WASA, ending a 13-year-court dispute with Uniform Building Contractors.
The dispute arose from a 2007 fixed-price, design-and-build contract for a pipeline from Rio Claro to Mayaro.
In 2013, the contractor claimed more than $13.9 million in damages for alleged additional work, which WASA said would have exposed them to potential costs exceeding $22 million.
A High Court ruling in 2017 saw the UBC’s claim dismissed, with the Appeal Court subsequently overturning that ruling and ordering WASA to pay nearly $14 million to the company.
Today, the Privy Council handed down a unanimous judgment in which it rejected all claims for extra payments, saying both design and construction fell on the contractor for a fixed price.
It added that underestimating the work does not justify additional payments and that oral approvals could not override the written contract.
Acting WASA CEO Dain Maharaj described the ruling as a milestone that reinforces accountability in public-sector contracting.
