SXMElections.com

~ Bank claims ‘signals’ of integrity issues ~

PHILIPSBURG--Taliesin Construction N.V. has placed a “mechanic’s lien” on the building and adjoining properties owned by the Central Bank of Curaçao and St. Maarten as a means of obtaining its pay-out from the bank for the termination of its contract for the renovation of its building on W.J.A. Nisbeth Road.

The company is claiming NAf. 3.7 million from the Central Bank and will move to the court if payment is not received on the contract termination date of Friday, April 17.

Bank officials informed Taliesin Managing Director Carl Critchlow via letter on March 13 that it will end the construction contract, because the bank said in its letter it had received “signals” of possible malfeasance regarding Taliesin’s possible involvement with integrity issues related to the now-former managing director of St. Maarten Housing Development Foundation (SMHDF).

The company was a subcontractor for a housing project carried out by SMHDF.

Attorney for Taliesin Roland Duncan said at a press conference on the job site that the bank had opted to terminate the contract with Taliesin because it was “the vanguard of integrity” and could not be associated with a company about which it has received signals of integrity issues.

The Central Bank made it clear in its letter, from which Duncan read, that it was “not accusing” Critchlow of anything, but it did not want to be involved with a company that might have a perception of integrity issues.

“What this is, is the bank got some melee about the housing foundation,” said Duncan. “This is an inquisition. All you have to be is linked [to someone – Ed.] or say hello to someone [for talk to start – Ed.].”

Duncan said stopping of the work fell under the legal label of termination of contract. In such a case, the full remaining contract amount must be paid to the contractor under Book VII of the country’s Civil Code.

The Central Bank has offered to pay Taliesin only NAf. 520,000. That amount is significantly smaller than the remaining contract amount, thus the company’s claim of NAf. 3.7 million that Duncan has communicated to the bank. The claim includes damages to cover payment to employees. Some 14 workers are employed on the project, six subcontractors and Taliesin’s in-house staff.

Termination of the contract by the Central Bank does not end Taliesin’s obligations to its employees under the labour laws. Duncan: “We can’t tell the fellows ‘Go home.’”

The total price tag for the renovation of the Central Bank building in St. Maarten is NAf. 5.6 million. Work started in December and was to span 16 months.

Critchlow claims the bank is some two invoices behind in paying for work already rendered, amounting to NAf. 100,000.

Taliesin has “not defaulted” on the job, “even the bank said so,” Duncan said at the press conference that was attended by National Alliance (NA) Member of Parliament Christophe Emmanuel.

The money used by the Central Bank is not its money, said Duncan. “The money is purely money of the people of St. Maarten.”

Like the bank, Duncan informed the police about the placement of the mechanic’s lien “to avoid any claim of trespassing” by the bank. The lien means Taliesin has taken possession of the bank building until payment is rendered.

Despite the notification about the lien, bank representatives have removed and attempted to remove items from the building, said Duncan. To prevent any further removal and breach of the lien, the company plans to cordon off the entire building and adjoining worksite.

Aside from the lien and the possible filing of a case about the contract termination with the court, Critchlow is considering filing a libel case against the bank for the damage this situation has caused and most probably will cause to his reputation and that of his business.

He said the situation had “taken a toll” on his health. “I can’t believe what we are going through. … I feel very sad and like I am being picked on.”

Critchlow’s claim of being picked on stems from numerous audits and raids on his various construction sites. Those audits included some “illegal” ones where people turned up at his business stating they had been sent to conduct checks, but inquiries revealed they were not from the agencies they were said to represent, said Critchlow.

Taliesin was the only construction company to tender for the bank job, said Critchlow. “If we were bad, they wouldn’t have given us the job.”

Critchlow and his employees for the site work have undergone special screening to be able to work on the building due to its security mechanisms and protocols. Everyone was cleared for the work. Due to the screening, Critchlow “believes there is some political influence” that led to the termination of the contract.

Duncan said political influence, as stated by Critchlow “does not necessarily mean party politics”; rather, it has to do with the bank being a government entity and not dealing fairly with Taliesin.