Judge orders T&T company to pay NDMA $6M for breaching contract

Judgement was granted in favour of the National Data Management Authority (NDMA) in a lawsuit it brought against Trinidadian company Davis Ecolife Ltd after that company failed to file a defence within the timeframe prescribed by the Civil Procedure Rules.
The judgement, which orders the company to pay over $6 million to NDMA, was handed down on February 22, 2023 by Justice Gino Persaud, according to a statement from the Attorney General’s Chambers.
The NDMA is a body corporate established under the National Data Management Authority Act and is responsible for data processing and information systems in the Public Sector.
On the other hand, Davis Ecolife is a company incorporated under the Companies Act 1995 of Trinidad and Tobago. By way of a letter dated November 7, 2018, the company held itself out to be the sole distributor and creator of the Eco Pod building system, a system that combines energy-efficient building systems with solar technology to offer one complete product.
The National Procurement Tender Administration (NPTAB) granted its approval for the contract provision of two Eco Pods for NDMA to be awarded to Davis Ecolife for the tendered/corrected sum of US$66,941 on November 30, 2018.
On December 4, 2018, NDMA executed a written agreement with Davis Ecolife at an agreed price of US$66,941 for the supply of two prefabricated enclosures (Eco Pods) to house ICT hubs to be installed at two sites identified by NDMA.
A deposit of US$28, 449.54, which is equivalent to $6, 159, 325, was paid to the company via wire transfer. Despite the agreement having a completion date of January 25, 2019, Davis Ecolife Ltd failed and/or neglected to perform the contract in accordance with the agreed completion date.
As such, on January 31, 2023, the NDMA through the Attorney General’s Chambers filed an amended Fixed Date Application (FDA) seeking the following reliefs: a declaration that the company breached the contract that was executed on January 4, 2018; damages in excess of $100, 000 for breach of contract; a declaration that the company has been unjustly enriched $6,159,325 as money had and received; an order for restitution from the company in the sum of $6,159,325, constituting an advance payment made by the NDMA to Davis Ecolife for which there were no works done; interest; such further orders the court deems just and costs.
The Trinidadian company, however, failed to file an affidavit in defence to NDMA’s FDA and failed to attend court on two occasions. The court, therefore, granted judgment of $6,159,325 and costs of $500,000 in favour of the NDMA. The NDMA was represented by Attorney General and Legal Affairs Minister Anil Nandlall, SC, and State Counsel Teakaram Singh.
Davis Ecolife Ltd was initially represented by Attorney-at-Law Javed Shadick and thereafter by Marissa Nadir.
Both lawyers eventually withdrew from the matter.