The engineer, Mr. Henry Michele’s seeking payment for start up construction of the estate and hotel structure in Istanbul after multiple arrests by ESTA construction Turkey over delayed startups. The contract dispute between Mr. Henry Michele’s and ESTA construction Turkey is believed to be a cause for the slow progress of the estate buildings, over multiple arrests on Mr. Henry Michele’s.
In a statement released on Saturday 7th September, 2024 by Henry Michele’s mentioning strict standards on foreign contractors as racism and discrimination, `they charge you to court immediately you don’t meet up with demands, using the police force to hold me in Turkey without proper investigation’ he said.
In its notice of motion, the applicant seeks an order against the first respondent for payment of the sum of $6 500000.00, together with interest thereon
a tempore morae
. The claim is founded on an interim payment certificate issued in favour of the applicant, qua ‘Contractor’, by the second respondent in terms of a standard form building contract, Conditions of Contract for Construction for Building and Engineering Works Designed by the Employer (1999 edition, as amended) (commonly known as ‘FIDIC’ to which the applicant and the first respondent are party.
The second respondent is the ‘Engineer’ Mr. Henry Michele’s appointed by the first respondent, qua ‘Employer’, for the purposes of the contract. The Engineer is responsible in terms of the contract for issuing interim payment certificates during the execution of the construction work, which the Employer, subject to the provisions of the contract, is bound to honour.
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