Barbara Gayle, Staff Reporter
THE LEGAL battle between a Mandeville-based building contractor who is seeking to recover $10 million plus interest from Alcan Jamaica Bauxite Company continues to drag on without any sign of an early settlement.
Harold Ramsay, the contractor is contending that the amount is owed on the multi-million dollar loading terminal which he had constructed at Barossa District in Manchester. Alcan is disputing the amount.
Mr. Ramsay, of Harold Ramsay and Associates, said last week that the three-year-delay in settling the dispute is putting a strain on his business.
Jennifer Wynter, Alcan's human resources manager, said that the last thing she heard about the matter was that a month ago the lawyers representing the parties were talking but so far no decision had been made.
The contract to build the loading terminal was awarded on May 15, 1995 and was completed in April 1996. Under its fixed price terms only certain specified conditions could justify additional claims from the contractor.
Following additional claims made by Mr. Ramsay on the completion of the project, the consulting engineering firm, Mattis Demain Beckford & Associates Ltd., was engaged to review the claims and assess their validity. The review, while pointing, among other things, to sparse documentation to support some of the claims, concluded that most were valid. It recommended that payment be made by Alcan on specific terms.
Alcan is contending that the contractor signed a document releasing it of responsibility for any further payments under the contract.
Mr. Ramsay is contending that he had signed the document to expedite a $3 million payment and it was not intended to relieve Alcan of responsibility for further payment.
A decision was made for the dispute to go to arbitration but Mr. Ramsay said that the terms of reference which were drafted from April 5 this year were sent to his lawyers and they had sent them back to Alcan's lawyers from April for certain amendments to be made but so far Alcan's lawyers have not returned the documents. He said as soon as the amendments were made he was quite willing and ready to sign the documents so that the arbitration process could start.
Mr. Ramsay said he did not think that he should be asked to pay any fees for the arbitration proceedings.
Attorney Dennis Morrison Q.C. is likely to be the arbitrator but Mr. Morrison said last week that, "I certainly have not been appointed." He explained that before he could be appointed formally he would have to get the arbitration agreement and the question of fees would have to be dealt with in the agreement.
Mr. Ramsay, who has over 29 years building experience within the local bauxite sector, is claiming that Alcan owes him the money from as far back as September 1996. He said the loading bay which he built was commissioned into service with much fanfare on May 1, 1996.
He referred to Alcan's in-house publication, Alumina News, which in its May 31, 1996 edition, praised the work he had put into the loading bay. He said Alcan's president, Bernie Cousineau had said, "What you can see is impressive; what you cannot see is 10 times more impressive.
"A thousand years from now, someone is going to stumble on this site and think they have uncovered a lost temple. The solid foundation put in place is absolutely essential to handle the vast tonnage of bauxite that will pass through the facility for the next 12 to 15 years."
However, Mr. Ramsay says that despite the praises for the work he had done, all efforts to collect the money outstanding has proven futile. He said after the dispute arose over his claim, the matter was set to go to arbitration for almost two years now, to determine the validity of the claims and counter claims, but up to now not even a date has been set for the arbitration. This delay, Mr. Ramsay says is wreaking havoc on his business.
Mr. Ramsay said he mounted a number of local and international efforts to bring attention to his plight. He said he even sought the intervention of Alcan Aluminium in Canada. Mr. Ramsay said he found it hard to believe that despite the high praises for his work, he would have to be going through such frustration and problems to get his money.
