Termination Of Contract For Legacy Project Irreversible – Plateau State Govt. Insists

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The Plateau State Government on Tuesday declared that the termination of the contract of the Lalong Legacy Project having followed all laid down laws and procedures, remained irreversible

The State government said that it duly exercised its right as enshrined in the contract and gave the contractor ample opportunity to take advantage of the same terms.

A statement by the Commissioner for Information and Communication, Hon. Dan Manjang pointedly said that the Contract with Bleneson Services Nigeria Limited stood terminated and irreversible upon the expiration of the Notice of Termination.

Manjang further said that Bleneson Services Nigeria Ltd and its Managing Director, Engr. Lawanson Ngoa are at liberty to continue to live in Denial, stressing that the Plateau State Government has since taken possession of its sites and found another Contractor to complete the Projects which could not be delivered by Bleneson as agreed in the erstwhile Contract.

The Commissioner who was reacting to a press conference by Engr. Ngoa over the termination of the Contract explained that it is instructive that the Contract with Bleneson is a Contract for the provision of Services, which each party could have Terminated or even repudiated, whether rightly or wrongly.

He therefore said that Bleneson has no right under the Law to insist on carrying out a Contract the State has clearly evinced an intention not to allow it continue with, stressing that it is within the State’s right to do so.

According to Manjang; “By continuing with its work, Plateau State Government is not in breach of any Court Order. If there was any, Engr. Ngoa would have cited it during his Press Conference.

“Sequel to the failure of the contractor to deliver the projects within agreed Timelines, the Plateau State Government issued a Notice of Termination of the Contract with Bleneson Services Ltd “the Contractor” (not Egnr. Lawanson Ngoa), via a Letter on 9th March 2021 in line with the letters and spirit of the Agreement of the Parties which allowed either Party to terminate the Contract upon giving appropriate Notice as stipulated under the Contract.

“Upon receipt of the Notice of Termination, Bleneson neither responded nor contested the reason for the Termination as given by the Plateau State Government in the Letter.

“After the period of Notice of Termination had elapsed without any response or reaction from Bleneson, the Government of Plateau State considered the Termination as concluded, with same having been accepted by conduct, by the silence of the Contractor.

“Indeed, after the Termination, (and this fact is verifiable), Bleneson Services Ltd evacuated all its Materials, Machinery and Staff from the Project Sites and moved them out of the State.

“It was after therefore clearly an afterthought that Bleneson went to Court to seek for Orders of Injunction supposedly to stop the Plateau State Government from terminating the Contract- a Contract already Terminated vide the State’s Letter of Termination, dated 9th March, 2021. This was clearly a futile effort to invalidate the completed termination. It was therefore no surprise that the High Court of Plateau State denied Bleneson the Ex-parte Orders sought behind the State Government, as no Court of Law can restrain an act that is already completed!,” he said.

The Commissioner further said; “Upon successful termination of the Contract and repossession of the Project Sites, Plateau State Government, in line with the Terms of the Contract, wrote Bleneson to come forward for a Meeting towards appointment of an Independent Valuer to ascertain claims (if any) and to facilitate reconciliation of Accounts as envisaged, which Invitation Bleneson rebuffed!

“Bleneson flatly refused to come forward and indeed Engr Lawson Ngoa threatened physical harm to Staff of the Plateau State Government who went to dispatch Letters of Invitation to its Office in Abuja to that effect. Even Staff of Courier Companies were threatened with Physical harm if they dared come to Blenson’s Office to deliver such Mails!

“The State Government has the Managing Director of Bleneson on Tape issuing Threats of physical harm against our Staff. To think that the same person now claims the Plateau State Government never invited him for any resolution Meeting is the height of mischief by someone we have since come to know as a Serial Liar!

“No one should be fooled by the misleading and false claims by the Managing Director of Bleneson that the termination was done behind them or they were not invited to make their claims. On the contrary, the company and its management chose to ignore the invitation perhaps to have sufficient reasons to play to the gallery in an attempt to blackmail the Government.

“Following the refusal of Bleneson to Cooperate and put forward its claims for work done or losses incurred (if any), Stakeholders in the project met and took a decision to invite the President of the Nigerian Institute of Quantity Surveyors (NIQS) to appoint an Independent Valuer to assess the level of work done to allow for reconciliation of Accounts,” he said.

Manjang also said that the task was successfully carried out and a Report submitted which is available for Bleneson to access anytime it is willing to engage with the State, adding that the records are intact and the fact that the process of terminating the contract was painstakingly followed in line with due process.

He assured that the doors of the Plateau State Government are still open for Bleneson to come forward with any claims for debt, damages or losses incurred (if any) as a result of the Termination.

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