The government of Namibia is in a court battle with SBDS and Fourie inc. Quantity Surveyors (SBDS) over unpaid invoices to the valve of N$680 361.77.
According to documents, SBDS was awarded a contract to prepare bills of quantities for the Omatjete Police Station by the Minister of Home Affairs acting on behalf of the government in January 2020.
In High Court documents filed October last year, SBDS is citing the Government of the Republic of Namibia as the first respondent, the Minster of Works and Transport as the second defendant and the Minister of Home Affairs, Immigration, Safety and Security as the third defendant.
However, in February the same year, SBDS was informed that the contracts of the Omatjete and Okambahe Police Station projects will be administered the Minister of Works rather than Home Affairs and completed both projects.
Furthermore, when SBDS issued the invoice for Okambahe and Omatjete Poilice stations of N$591 299.72 and N$89 132.05 respectfully in June, their contracts were terminated prior to them issuing the invoices.
Subsequent the invoices were not paid and SBDS and Ministry of Works entered into a deed settlement agreement to settle the outstanding amounts due to the contractor.
“Ministry of Works is indebted to the creditor in the amount of N$680 361.77 subject to change upon assessment based on the pending information in the relation to professional services rendered by SBDS to ministry of works for the Omatjete and Okambahe Police station projects. Ministry undertakes to process the invoices in the sum of N$680 361.77,” reads the document.
However, SBDS claims that the Ministry of Works breached the terms of the agreement, by failing and or refusing to pay the settlement amount.
In the particulars of claim filed at the High Court, SBDS is requesting the court to order the payment N$680 361.77 with interest of 20% per year and the cost of suit including the costs of instructing and instructed counsel.