Govt clamping down on contractors damaging state properties, utilities

…to deduct payments from contracted sums

In a move to clamp down on the destruction of state properties and utilities, contractors carrying out public works would now be held accountable for any damage they cause to state properties or utilities, and would be required to repair any damages they cause or face deductions in their payments.
This has been announced by Attorney General and Legal Affairs Ministry in a statement on Thursday.
It has been explained that in order to reduce the wanton destruction of public property and utilities, all contracts for infrastructural projects and other public works would now contain a clause compelling contractors to conduct repairs for any damages they cause.
“The Government of Guyana has resolved that, with immediate effect, all contracts executed by the Government of Guyana, Public Authorities and State Agencies shall contain express clauses that would compel contractors to repair and rehabilitate all damages or destruction caused or occasioned to any public property or the property of any public utility in the execution of their contracts, with the intent of restoring the property damaged, as far as possible, to the state it was in prior to the said damage or destruction,” the missive from the AG’s Chambers detailed.
Should any contractor fail to make the necessary repairs of damages caused, then the new clauses also include provisions for sanctions.

“…a breach of the aforesaid clauses by contractors shall empower and authorise the other party of the contract to assess the value of the damage or destruction caused, the public loss and inconveniences suffered thereby and the cost of repairing and rehabilitating the said damage or destruction in the manner aforesaid; and the total value thereof shall be deducted from or levied against performance or other bonds lodged, retention securities provided, or from payments due under the contracts,” the Ministry said in the statement.
According to the AG’s Chambers, the implementation of these new clauses is supported by Article 32 of the Constitution of Guyana, which imposes upon the State – and by extension the Government – a duty to take care of, and protect, public property.
Government has long been lamenting the destruction of public properties by road users and contractors. It has been noted that such actions not only hinder infrastructure development, but also incur costs to the state for the repair works – monies which Government said can be used otherwise to foster further developments.
Consequently, a policy has already been implemented to have reckless road users pay for the costs of repairing damages to public properties such as road barriers/ medians, round-abouts, etc.

Damage to utility infrastructure
Utility companies have also been moving in this direction to recover repair costs from members of the public who damages their infrastructures. In fact, the Guyana Water Inc. (GWI), in October 2023, reminded contractors that any damage to its infrastructure would result in their being billed for the repairs. This was after residents of La Grange, West Bank Demerara complained about the quality of water coming through the main.
However, the water company explained that its mains were damaged by a contractor carrying out road expansion works at Old Road, La Grange, thus leading to a temporary interruption in water supply to residents in and around the area. Additionally, while these repairs were ongoing, contractors working on the Harbour Bridge project damaged another GWI main, potentially contaminating the water distribution system, but that has since been fixed.
There were other incidents in Georgetown as well as East Bank Demerara communities, where GWI pipelines were damaged by contractors. Many of these incidents were recorded in EBD communities earlier this month.
Meanwhile, just last September, the Guyana Power and Light (GPL) announced that, in collaboration with the Public Works Ministry and the Guyana Police Force, charges would be instituted against reckless motorists and contractors for damages caused to its network infrastructure.
At the time, the power company was reporting that 25 incidents had been recorded up to September 2023, causing widespread service disruptions to customers in Demerara and Berbice, as well as incurring substantial costs for the company through repairs and loss of revenue.
As a result, charges will be instituted and fines imposed under Section 160 of the Criminal Law (Offences) Act Chapter 8:01 and Section 61 of the Summary Jurisdiction (Offences) Act Chapter 8:02 for damage to property.
GPL would also initiate civil proceedings in the High Court to seek compensation for damages incurred and other consequential losses related to its network infrastructure.
Private contractors and Government agencies executing infrastructural works within close proximity – approximately 20 feet – to GPL’s network are required to notify the company within 72 hours prior to commencing work, in order to ensure the safe execution of the work. Similar requirements also apply for the Guyana Water Inc (GWI) infrastructure network.

Weight limit on roads
Public Works Minister Juan Edghill on Wednesday disclosed, during the Consideration of the Budget 2024 Estimates, that Government has acquired the services of a consultancy firm to review weight restriction laws geared at significantly reducing infrastructural damages cause by overladen vehicles, especially trucks. This is being undertaken with support of the Inter-American Development Bank (IDB).
Edghill argued that implementing the fine alone on an offender has greater repercussions. “If you fine the person and you allow them to go through with the weight, then the damage will be more exorbitant than the fine,” he strongly advised.
As a result, weight offenders would be required to remove excess product, which would be placed on the corner of the road with a 12-hour retrieval time. The minister noted that failure to do so would result in additional “trouble”.
“So we have to come together as a people, as a mature country, people that is modernising Guyana. We are building out Guyana, whether we are Government or Opposition. These are things that we want to see: better streets, better maintained streets. We want to be able to see safety on the roads, this is something that everybody wants together. So, these are things we got to work on jointly,” he emphasised.
Meanwhile, the minister has acknowledged the stellar works executed by the Works Ministry’s’ Special Projects Unit (SPU) in repairing damaged infrastructure across the country. (G8)