Newcastle Library continues with legal tussle
The status of the Newcastle Library refurbishment was tabled again during a recent meeting of the Executive Committee (Exco).
ORIGINAL STORY: Deadline extended again for Newcastle library project
Exco councillors discussed at length the numerous delays with the project, which has now dragged on for more than a year.
There was also debate on whether the project manager’s services should be terminated. However the resulting delays expected with regards to Supply Chain Management (SCM) processes quickly put this suggestion to bed.
It is believed following the SCM route might delay the project even further.
One of the suggestions put forward by Exco councillors was to allow the current project manager to continue working until the revised extension date of February 28, 2019.
This would include an imposition of penalties however.
It was put forward that a comprehensive report be compiled to fully assess the situation and if any provision was made in the original contract for penalties.
In the meantime residents are seeing slow to no progress at the facility.
Inkatha Freedom Party Councillor Alex Liu is among those who followed the Newcastle Library project closely over the past year or more.
“In our caucus meeting on January 14, our portfolio councillor for Community Services, Reginald Ndima reported the contractor promised to complete the work before the end of February, despite pending legal action. In fact, the contractor retaliated by stating the municipality failed to pay them in time, hence the delay.”
Cllr Liu says this has placed both Exco and council in a quandary – should the contractor be allowed to continue and thus endure a month-and-a-half more, or should another contractor be brought in to complete the work?
He says the answer is the former because of aforementioned SCM processes.
“In terms of penalties, that is a legal question. There were times [the contractor] stopped working because the municipality could not pay; the municipality failed in terms of the contract. At other times [the contractor] failed to complete the work. This matter can only be settled by getting the services of an outside company to assess the failure to perform by both parties.”
ALSO READ: Newcastle Library contractor may be taken to court
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