BY CHARLES LAITON
THE Municipality of Kariba has been taken to court by a construction company which is demanding payment of more than
$1 716 251 from the local authority following a botched people’s market construction agreement.
Through its lawyers, Zuze Law Chambers, Trimmk Investments (Pvt) Ltd, trading as Probuild Construction (Pvt) Ltd, recently issued summons against the municipality seeking an order to compel the same to pay the money which is part of a price adjustment after considering foreign exchange control
In its declaration, the construction company said in terms of procurement regulations, Kariba Municipality called for bids for the construction of Kariba people’s market and the firm successfully won the bid on March 3, 2020.
“The parties entered into a written agreement to this effect highlighting obligations and applicable completion dates. The contract between the parties lapsed in June 2020. There was need for a review and extension before any construction work could resume. This said extension has not been effected to date,” the firm said. The company further accused the municipality of failing to meet specific conditions outlined in the parties’ contract.
“Pursuant to variations agreed to by the parties in the bill of quantities and price adjustments factoring in foreign exchange control regulations at defendant’s (Municipality of Kariba) instance, the revised amount due to plaintiff (Trimmk Investments (Pvt) Ltd) in the sum of $1 716 251 remains due and payable,” the firm said.
“Despite numerous correspondence from plaintiff and engagement, the defendant has refused, neglected and failed to perform. Wherefore, the plaintiff hereby prays for the following; payment in the sum of $ 1 716 251,70 being unpaid sum due to plaintiff in respect of the agreement between the parties and payment of interest at the prevailing rate from date of summons to date of payment in full plus costs of suit.”
Municipality of Kariba is yet to enter appearance to defend.