PROPOSED RELEASE OF SELECTED CLEAN GHANA SANITATION PROJECT TOILET FACILITIES TO THE MMDAs/MPs IN COLLABORATION WITH THE CONTRACTORS.
The management of Ghana First Company Limited (GFCL) wishes to inform its Project Partner (Metropolitan, Municipal and District Assemblies, (MMDAs)) and their Members of Parliament (MP), Contractors, and the general public that, the company is built on sound ethical values and ready to deliver its core mandate of establishment.
In view of this, the Board of Directors and management have agreed to release some selected Clean Ghana Sanitation project Toilet Facilities to the MMDAs/MPs to complete and operationalize of the toilet facilities.
This decision was taken to support the assemblies to serve their communities well while GFCL is preparing to launch a large scale completion of the remaining facilities.
GFCL is by this announcement inviting the various Assemblies who have GFCL projects in their administrative areas to come to the Head Office of GFCL to discuss the modalities for the release of these selected projects.
All interested assemblies have 30 days from the date of this publication to take advantage of the arrangement and respond to it as such.
It is instructive and imperative to note that, no Assembly should use this public announcement as a vehicle to go and complete the projects. Any Assembly who will do so without the consent and authority of the company, the company will use all legal means to claim back those projects and also, any Assembly who has completed and operationalizing GFCL projects without the company’s authority, has to stop immediately and to contact GFCL for regularization of such breach of the Agreement.
Ghana First Company Limited wishes to make it clear to the general public that, the contract between GFCL and its Contractors have expired per the contract agreement, and that the company has no contract with any contractor except those who have renewed and regularized their contracts with GFCL.
For the avoidance of doubt, we wish to quote relevant portions of the Agreement between GFCL and the Contractors.
Page 5 and 6; Clause 5. NOW THEREFORE BOTH PARTIES HEREBY FURTHER COVENAT as follows:
(iv) That the Contractor agrees that the Contract is a Turn Key Project and that the Contractor shall be paid only upon full completion and hand over of the entire project.
(v) (a). The total sum shall be paid to the contractor 3 months after completion of works and certificate of completion upon recommendation by project manager and approval by the Chief Executive Officer.
- That in the event of the Contractor abandoning the project for any period of 28 continuous days without prior notice to the Employer, the contract shall stand abrogated and the cost of the abandonment including any delay occasioned to the project thereby shall be surcharged the Contractor.
xii. Further to clause 5 sub xi, on the occurrence of either the said abandonment and or delay arising from the Contractor leaving some skeletal workers not being its full capacity of workers required for the project within the said 28 days period, the contract shall not only stand abrogated but any investment made by the Contractor within this period shall be forfeited.
- That in the event of the occurrence of the matters in clauses of abandonment, the Employer shall without recourse to the Contractor be at liberty to engage another Contractor and place same on the site to continue and complete the project from whatever stage it got to.
Page 17. (General Condition of Contract) Clause 39.1 (Payment).
39.1 Without prejudice to Clause 5 v of the contract agreement, the Employer reserves the right to pay part of the total sum amounting to 60% of the quantum sum after collaborative site visit and inspection is done by the employer, the bankers and the contractor.
The employer therefore, without any doubt reserves the right to uphold this said payment when defects are detected after the collaborative site visit and inspection. Payment will therefore be done after these defects are remedied by the contractor.
The term ‘QUANTUM SUM’ as stated in clause 39 (1) of the contract document refers to the final amount due to be paid to the contractor after all variations has been taken care of after completion of the project and handed over the entire project to the project owner.
The total sum shall be paid to the contractor 3 months after completion of works and certificate of completion upon recommendation by project manager and approval by the Chief Executive Officer, within these 3 months waiting period that the employer has the right to pay that 60% of the quantum sum to the contractor.
The general public should also note that, the right of the employer is not mandatory but discretionary and that, no person at law can compel the employer to exercise such right.
In view of these clauses, no contractor has a contract with GFCL, and GFCL has no obligation to pay any money to any contractor, except those who have regularized their contract with GFCL.
Ghana First Company Limited will like to encourage all contractors to come to the Office of the company to come and regularize their contract so that, they can be part of the special arrangement the company want to have with the various MMDAs.
Contractors have 30 days from the date of this publication to come and regularize their contract with GFCL, after the 30 days period, the company will not tolerate any request for regularization from any contractor.
Contractors who have completed and operationalizing the toilet facilities as their own should know that, “A contractor shall always remain a contractor and a Project Owner shall remain a project owner’’.
When the day of reckoning comes, the general public should not blame GFCL and no “justice will be tempered with mercy”.
GFCL wish to encourage its contractors to read their contract document before coming for this regularization exercise.
We are by this notice appealing to the general public and the contractors to desist from hearsay and stick to the agreement that bind the two parties (GFCL and the Contractors) and also respect the tenants of the agreement.
In all we do, we should think of our Nation First. Long live Ghana First Company Limited, Long live Ghana, our Motherland.
-END-
SIGNED
MANAGEMENT.
