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General News of Thursday, 27 June 2002

Source: Chronicle

Stalemate Over EC Building Resolved

THE BOTTLENECKS that brought the office accommodation project of the Electoral Commission (EC) in Kumasi to a standstill, have been removed.

As a result, the green light for the completion of the project as soon as possible has at long last been given.

The building, which should have been ready for occupation last March, came to a standstill following a misunderstanding between the consultant and the contractor.

The deputy chairman of EC in charge of operations, Mr. Sarfo Kantanka, warned stakeholders in the project at a meeting on June 12, this year in Kumasi to resort to constant dialoguing to resolve the dispute.

Chronicle sources at the meeting (this reporter would not be allowed near the meeting) said Kantanka warned the consultants, quantity surveyors and the contractor to work with the rules of the game and avoid further losses to the state.

He reportedly ordered that the rates be reviewed reasonably to avoid cheating and prevailed upon the contractor, who obliged, to continue work and submit claims while the consultant revises rates for work previously done.

The resultant stalemate early this year arose out of the interpretation of the contract document.

The litigation raged so high that two meetings of the stakeholders, comprising De Porres Construction, the Contractor, the EC, ABP Consult Ltd., the consultants, and Ofosu-Addo Surveying Consultancy, nearly ended in a brawl.

Chronicle investigations into the stalemate, which prompted resolution to continue work on the ?850 million project, now 95% complete, revealed that the project started in 1996.

It was, however, suspended by the NDC government for lack of funds in 1998 or thereabouts.

In November, last year the NPP government provided ?550 million for its completion, together with one other EC office project at Wa in the Upper West Region.

The contractor is said to have quickly mobilized labour to complete the project, which was left with only the external works.

Unfortunately, the MD of the consultancy firm died as a result of which the contractor suggested that the consultancy be transferred to the AESC to supervise work on the project which could have originally been completed in 12 months.

The contractor's suggestion was not given a serious thought, not even when he had complained officially to Mr. David Kanga, the deputy chairman of EC in charge of Finance and Administration, per a series of letters.

Instead of action, Kanga is said to have once threatened to take the contract from De Porres.

Notwithstanding the alleged inaction of the EC, the contractor pre-financed the project to present stage (see pix) and presented certificates covering ?177 million, but the quantity surveyor approved and paid him only ?87 million.

De Porres again complained to deputy chairman Kanga and suggested that the valuation be referred to the AESC, but nothing was done about it.

The contractor also challenged the Ministry of Finance to engage quantity surveyors for the valuation all to no avail.

De Porres contended that the 1996 rates be revised to meet increase in prices while the consultant insisted that the contractor be paid the rate of 1996 when the project started.

To Nana Anthony Poku, MD of De Porres Construction, that was not reasonable and since he could not apply 1996 rates for 2002, he stopped work on the project in protest until the issue was resolved on June 12.

De Porres told the Chronicle that he is okay with the present arrangement and is prepared to pre-finance the project. The remaining external works could be finished in 30 days.

Meanwhile, Nana Anthony Poku of De Porres has called on the Attorney General to pass a legislation, which allows individuals to take legal action against civil servants who deliberately cause financial losses to the state.

He said without such a legislation, civil servants would continue to sabotage the efforts of the government and make it unpopular.

Referring to David Kanga's reported inaction concerning complaints of under-payment, Nana Poku said prompt action could have saved millions of cedis down the drain.

The contractor claims he expended a total of ?3 million in two months providing security at the project site while the stalemate lasted.

Kanga was said to be outside the country when Chronicle called for his comments.