Attorney General of Jamaica v Construction Developers Associates Ltd

IN THE SUPREME COURT OF JUDICATURE JAMAICA

CLAIM NO. HCV 2326 OF 2004

BETWEEN ATTORNEY GENERAL OF JAMAICA CLAIMAN'T

A N D CONSTRUCTION DEVELOPERS 1ST DEFENDANT ASSOCIA'TES LIMITED

B. St. Michael Fjlylton Q.C., Sylnone Mayhew aiid Kathi-yn Denbow for

Claimant instructed by Director of State Proceedings.

Hilary Pl~illips Q.C., Kipclio West and Lloyd Perkins instructed by Grant,

Stewart, Phillips and Company for Defendant.

Heard: January 11 and 13, 2005 and February 24, 2006.

Cor: Rattray, J.

In 1992, the Govel-nment of Jamaica acting through the Ministry of

Health entered into an agreement with Constructioli Developers Associates

Limited ('CDA') for the carrying out of construction and rehabilitation worlts

at the May Pen Hospital in the parish of Clarendon. The contract entered

into by the parties is generally k~iown as a FIDIC contract, as it was based

on an agreement prepared by the Federation Internationale Des Ingenieurs

Conseils.

Clausc 2 of the Form of Agreement dated the 9"' day of December,

7 992 provided that the following doculnents: