Nust sued over $200k debt

Mashudu Netsianda Senior Court Reporter
A BULAWAYO electrical engineering company has dragged the National University of Science and Technology (Nust) to court over a debt amounting to more than $200,000 for work carried out in connection with the institution’s proposed student hostels.

According to court papers filed at the Bulawayo High Court last week, Nust was cited as the defendant while Reclon Consulting Engineers (Pvt) Limited is the plaintiff in the matter.

The company through its lawyers Coghlan and Welsh Legal Practitioners said it entered into an agreement for mechanical and electrical engineering services with the institution of higher learning on August 19, 2013.

It said Nust was supposed to pay $225,593. 01 for preliminary design detailed tender drawings and documentations for the student hostels once they were submitted to the institution. The engineering company’s lawyers said when the work was completed on May 9, 2014, Reclon Consulting Engineers (Pvt) Limited invoiced Nust for the services rendered in terms of the agreement.

Nust, in a letter dated October 27, 2014, acknowledged the debt and undertook to settle the amount owed.

“We’re in receipt of your letter dated October 27, 2014 requesting payment of outstanding fees for professional services for the proposed student hostels at Nust. We did not receive funding for the project because the intended proposed Games Village project for African Union Sports Council Region Zone VI Youth Games was moved to Hillside Teachers’ College. However, we would like to inform you that the claim would be honoured once funding has been availed to Nust,” read part of the letter signed by Baron Gaule, Nust’s physical planning, works and estates director.

According to court papers, Reclon Consulting Engineers (Pvt) Limited is demanding $225,593.01 from Nust with five percent interest calculated from the date of service of summons to the date of full and final settlement.

“Wherefore plaintiff prays for judgment to be entered against defendant for payment of $225, 593.01 in respect of professional mechanical and electrical engineering services rendered at Nust’s special instance and request. Plaintiff claims payment at the prescribed interest rate of five percent and the cost of suit at attorney-client scale,” said the plaintiff’s lawyers in their summons.

Reclon Consulting Engineers said despite demand, Nust has refused, neglected and failed to pay.

Nust through its lawyers, Calderwood, Bryce Hendrie and Partners has filed a notice of entry of appearance to defend the summons.

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