The complaint was filed on the 6th of January 2016 by and through their legal counsel, the Torch Professional Consultancy, on eight counts.
Count two stated that the company and the defendants entered and signed a contractual agreement for the construction of the Kwendin Biomas Electricity Pilot project for the use by the people of Kwendin in May of 2014.
Accordingly, count three said the initial contract price for the construction was in the amount of US$296, 535.56. On July 18, 2014 seven modifications to the original contract were initiated and effected with an additional cost of US$82,507.80 thus increasing the contract value to US$379,043.37.
“The duration of the initial contract was from May 1, 2014 to September 30, 2014 but due to the Ebola crisis in the country including quarantines and borders closing, the contract was extended to October 14, 2014,” the complainant noted.
The Semoh Group of Company further indicated in order to implement the said contract they obtained a performance security Bond from the Africa Insurance Company of Liberia in the amount of US$59,307.13 and overdraft facility from the Afriland First Bank in the amount of US$150,000.
“Out of this amount the company paid an amount of US$97,000 to ALL POWER LABS (ALP) of USA as payment for three Gasifiers units in the contract and additional US$30,000 payment against US$78,757 for poles and cables from Richmond Company in Ghana,” the writ said.
Moreover, the complainant maintained that the Winrock International told them that in order to be qualified for the contract they should have obtained an overdraft from Afriland Bank to send two of their staff to Ghana to finalize arrangement for the procurement of the poles and cables outside the terms and conditions of the contract as their staff are still in Ghana awaiting arrangement.
The Company also said their staffs are still awaiting the Winrock and USAID to finalize arrangement and the payment of the money so that the poles and cables can be brought to Liberia.
Additionally, count six of the complainant said on the 1st of October 2014, they received a stop order from Sindy Langston, the senior procurement Manager of Winrock International and that on February 2nd and 26th of 2015 they received two emails from USAID for a joint visit to the project site as the USAID team was headed by Miss Hillary Marshall and Luis Velazquez.
According to the complainants, the USAID staff both visited Semoh Group of Companies head office on Jamaica Road for the preparation of bill of quantity and submission to USAID with additional cost pending finalization.
Meanwhile, while the contract was still in effect the project was advertised by USAID and given to another company without due notice to the Plaintiff.