Caribbean Construction Law Cases
Construction law achievements in the Caribbean Islands
Gerald Katz provides legal services to clients in the Caribbean, and also provides advisory services through our alliance with Caribbean Construction Advisory Services (CCAS). I have represented clients on construction projects throughout the Caribbean, including Trinidad and Tobago, British Virgin Islands, Barbados, St. Vincent and the Grenadines, Cayman Islands, Grenada and U.S. Virgin Islands, as well as the Bahamas.
Baha Mar, Nassau, Bahamas, 2010-present — Gerald Katz is part of a Project Monitor team appointed to advise the Export-Import Bank of China, the lender for the Baha Mar Resort, a $3+ billion resort and hotel project in Nassau, Bahamas. The project will be built by a Bahamian subsidiary of China State Construction and Engineering Corporation and also by local contractors. Gerald Katz, P.C.’s initial assignment was to review the various transactional and closing documents including completion guarantees, insurance documents, construction contract documents and the like, and give advice to the lender on whether these documents adequately protected the lender’s interests. During the four years anticipated to complete construction, the Project Monitor will maintain an on-site presence and report to the lender monthly on the progress of the work and its cost and scheduling issues.
Government of the Cayman Islands, GOAP Project, 2010-present — Gerald Katz was selected by the Government of the Cayman Islands to advise on contract preparation, negotiation and performance issues regarding the Government’s Office Administration Accommodation Project, a CI$ 80 million project procured on a design-build basis. Gerald Katz initially assisted the Government in developing the design-build contract. Since the commencement of construction in 2008, Gerald Katz has provided ongoing advice to the Government’s Project Management team on various performance issues including warranties, construction defects and substantial completion requirements.
Alston Building Enterprises, Ltd., Board of Inland Revenue Building and Ministry of Legal Affairs Building, Trinidad, 2010-present — Gerald Katz is part of a consulting team assisting a subcontractor in the development and documentation of claims for extended project performance costs and unpaid variations incurred in the construction of two 26-story government office buildings in Port of Spain, Trinidad.
Urban Development Corporation of Trinidad and Tobago (UDeCOTT), Brian Lara Stadium, 2008–2010 — Gerald Katz provided advice to UDeCOTT with regard to construction of the TT$ 275 million Brian Lara Cricket Stadium in Trinidad. Gerald Katz’s advice focused on performance issues arising under UDeCOTT’s contract with the project manager, Turner Alpha, and its contracts with individual prime contractors. Gerald Katz assisted in the development of performance evaluations, cost control analyses, analysis of scheduling issues and evaluation of claims submitted by the major multi-prime contractors on the project.
Trinidad Contractors, Ltd. and the Government of Trinidad & Tobago, Toco Bridges Project, 2007–present — Gerald Katz is assisting Trinidad Contractors Limited in the development and prosecution of claims relating to the Toco Bridges project, which consists of a number of bridges located in Trinidad. The issues on which Gerald Katz, P.C. has been consulted include the effect of limited site access and design errors on the contractor’s performance, other impacts to the project schedule and the costs incurred by the contractor as a result.
TVA Consultants, Ltd. and the Government of St. Vincent and the Grenadines, 2009 — Gerald Katz represented the design consultant in arbitration against the Government of St. Vincent and the Grenadines seeking the reversal of the designer’s default termination on a sports stadium design project in St. Vincent. After arbitration proceedings commenced, the matter was successfully resolved and the default termination rescinded.
Pres-T-Con Ltd. and Bechtel, Trinidad, 2008 — Gerald Katz provided advice and consultation to Pres-T-Con in connection with a claim relating to the construction of a jetty under a contract with Bechtel for an LNG facility in Trinidad. The claim was based on an increased scope of work required by the most current ISO standards for seismic bracing. Gerald Katz evaluated the bases of the claim, as submitted, and assisted in identifying additional reasons for an entitlement, resulting in the successful resolution of the claim through negotiations.
Design Collaborative, Ltd., Trinidad, 2002–2007 — Gerald Katz provided Design Collaborative Limited, a preeminent Trinidadian design firm, with advice on contract performance issues on a variety of the firm’s projects, including a large hotel project in Tobago and various Government projects in Port of Spain, Trinidad.
Johnston International,, Ltd. and Needham’s Point Holdings, Ltd, Barbados, 2002–2004 — Gerald Katz provided advice and representation to Johnston International Limited, the main contractor on the Barbados Hilton Hotel project owned by Needham’s Point Holdings Limited. Jerry Katz’s work on behalf of Johnston International Limited included initiating arbitration against the owner of the project to recover claims for delay, disruption and changes in the scope of work.
Damus and Bechtel, Trinidad, 2004 — Gerald Katz provided advice to Damus Limited, a specialist piping contractor, on a substantial LNG project located in Trinidad. The work included subcontract review and assistance in regard to a major work stoppage that impacted Damus’ performance costs.
Damus Ltd. and VA Tech Voest MCE GmbH, Trinidad, 2003 — Gerald Katz provided advice to Damus Limited, a specialist piping contractor, on a methanol project located in Trinidad, in connection with a dispute between Damus and VA Tech Voest MCE GmbH of Austria over the application of contract provisions dealing with an overrun in estimated quantities.
Trinidad Contractors, Ltd. and Government of British Virgin Islands, B.V.I, 2003 — Gerald Katz provided an opinion supporting the recovery of costs resulting from delays to construction of a portion of the works at the Lettsome Airport, B.V.I. The opinion included an analysis of the time-related costs associated with delays to the client’s performance and justification for the recovery of such costs under the contract documents and principles of English construction contract law.
Trinidad Contractors, Ltd. and Government of Grenada, Grenada, 2003 — Gerald Katz, P.C. provided an opinion supporting the recovery of a time extension and time-related costs resulting from delays to the Gouyave Sea Defense project, the installation of an armored rock sea wall, caused by the failure of the employer to provide accurate design documents.
C.O. Williams, Inc., Grantley Adams International Airport, Barbados, 2002 — Gerald Katz provided the paving contractor with an opinion on the recovery of additional costs resulting from delay and disruption of the works.
BCM-Cape Joint Venture and Pemberton Resorts, Inc., St. Thomas, U.S. Virgin Islands, 1993 — Gerald Katz represented the construction manager on a $40 million luxury hotel and resort project in St. Thomas. The construction manager was terminated for default when the project was approximately 40 percent completed. Working as part of a team including the client, a scheduling consultant and quantity surveyors, Gerald Katz successfully represented the client in a 43-day arbitration, the outcome of which was the recovery of the client’s claim for the unpaid contract balance and rejection of the entirety of the owner’s counterclaim for excess reprocurement costs, payments to trade contractors and lost profits.
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