The State has sued Yashab Contractors Limited in the Lusaka High Court for failing to execute a contract since 2012, saying it has suffered loss and damage as a result of the non-performance of the said company.

Attorney General Likando Kalaluka is demanding for a refund of K1,248,478.20 which was paid to the company for rehabilitation works, and any other reliefs the court may deem fit.

In a statement of claim filed in the Lusaka High Court, Kalaluka stated that Yashab Contractors Limited was awarded a contract in 2012 by the Ministry of Education Science, Vocational Training and Early Education for the rehabilitation of student’s hostel blocks and staff houses at Northern Technical College in Ndola.

He stated that in the course of inspection of works on site, it was discovered that the contractor had abandoned the site and had failed to execute the works.

“Yashab Contractors Limited was awarded a contract in 2012 by the Ministry of Education Science, Vocational Training and Early Education for the rehabilitation of student’s hostel blocks and staff houses at Northern Technical College in Ndola. By an express term of the contract, Yashab Contractors Limited were paid K1,248, 478.20 (un-rebased) being an advance payment in June, 2013, to enable them move on site and commence rehabilitation works. In the course of inspection of works on site, it was discovered that the contractor had abandoned the work site, and despite assurances given by it on January 26, 2014, it failed to move on site and execute the works, which had greatly inconvenienced government,” read the statement of claim.

The Attorney General stated that on December 15, 2015, Yashab Contractors Limited was again reminded to perform the contract without delay and was warned that failure to move on site and complete the works, would result in the invocation of clause 59.1 and 59.2 of the contract, which meant that it would be terminated.

Kalaluka disclosed that the contractor, however, failed or neglected to move on site and several attempts to contact it proved futile as it had relocated to an unknown location.

“The contractor, however, failed or neglected to move on site and several attempts to contact it proved futile as it has relocated to an unknown location and even the contact details do not go through,” read the statement of claim further.

He disclosed that the contract was then terminated using the exercise of clause 59.1 and 59.2 of the contract.

“Due to the fact that we could not get hold of Yashab Contractors Limited, and by reason and an execution of clause 59.2 (b) of the contract between the contractor and the Ministry of Education Science, Vocational Training and Early Education, we were compelled to terminate the contract,” read the statement of claim.

The Attorney General stated that Yashab Contractors Limited was liable to K 1,248,478.20 (un-rebased), plus interest, damages, cost and any other reliefs that the court may deem fit.