CECO ENGINEERS LIMITED VS THE ATTORNEY GENERAL, OFFICE OF THE ATTORNEY GENERAL
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE JOYCE BOAHEN
Areas of Law
- Contract Law
- Civil Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
Ceco Engineers Limited filed suit against the Government of Ghana to recover GH₵ 2,496,089.93 for various road construction projects, including interest on delayed payments and costs. The defendant confirmed the contracts but suggested an audit to determine the exact amount owed. The court corroborated the plaintiff’s claims, making slight adjustments to amounts, and ruled that interest on delayed payments would accrue 90 days after Interim Payment Certificates (IPCs) were raised. Costs were set at 8%. The legal principles affirm entitlement to payment for executed contracts, the calculation of interest after 90 days, and fair assessment of litigation costs.
THE PLAINTIFF’S CLAIMS
The Plaintiff commenced this suit against the Defendant praying for the following reliefs; (a) Recovery of the total amount of GH₵ 2, 496, 089. 93 consisting of the following; 1. Recovery of the total amount of GH₵ 52, 368. 22 as WORK DONE on account of Interim Payment Certificate No. 1 dated 6th December, 2020, for the execution of a contract involving Grading of selected Roads in Gidim – Goaso which became payable on 6th December, 2020. 2. An amount of GH₵ 50, 822. 87 as WORK DONE on account of Interim Payment Certificate No. 1 dated 8th December, 2020 for the execution of a contract involving grading of selected roads – Asudai – Goaso, PH2 which became payable on 8th December, 2020. 3. An amount of GH₵ 169, 236. 33 as WORK DONE on account of Interim Payment Certificate No. 1 dated 5th January, 2021 for the execution of a contract involving construction of 0. 60 U – Drains along selected roads in Nurses/Midwifery Training School Area Roads, LHS, Goaso which became payable on 5th January, 2021. 4. An amount of GH₵ 168, 334. 78 as WORK DONE on account of Interim Payment Certificate No. 1 dated 17th January, 2021 for the execution of a contract involving pothole patching on selected roads in Duayaw Nkwanta, PH2 which became payable on 17th January, 2021. 5. An amount of GH₵ 79, 073. 73 as WORK DONE on account of Payment Certificate No. 1 dated 12th January, 2021, for the execution of a contract involving pothole patching on selected roads in Bechem, PH2 which became payable on 12th January, 2021. 6. An amount of GH₵ 73, 803. 13 as WORK DONE on account of Interim Payment Certificate No. 1 dated 12th January, 2021, for the execution of a contract involving pothole patching on selected roads in Bechem, PH1 which became payable on 12th January, 2021. 7. An amount of GH₵ 115, 624. 50 as WORK DONE on account of Interim Payment Certificate No. 1 dated 12th January, 2020 for the execution of a contract involving pothole patching on selected roads on Duayaw Nkwanta, PH1 which became payable on 12th January, 2020. 8. An amount of GH₵ 179, 972. 90 as WORK DONE on account of Interim Payment Certificate No. 1 dated 29th December, 2020 for the execution of a contract involving construction of U-Drain along Hope Marie School Road (250M) – Lot 1 which became payable on 29th December, 2020. 9. An amount of GH₵ 182, 317. 93 as WORK DONE on account of Interim Payment Certificate No. 1 dated 29th December, 2020 for the execution of a contract involving