Raymond International Jamaica Ltd et al v The Government of Jamaica

In the Supreme Court
Suit No. M. 60 of 1974
In the Matter of an Arbitration
Between Raymond International (Jamaica) Ltd .
Raymond Concrete P i l e Co. of the Americas and
Construction Emkay S.A. - Claimants
And The Government of Jamaica - Respondent
Ramon ~ l b e r g aQ .C. & David Gardam Q .c. for Claimants
Carl aattray Q.C., Shirley lviiller Q.C. and Shirley
Playf a i r for Respondent.
1975 - May 13, 14, 15, 16, 19, 20, 21, 22, 26, 27, 28,
29, 30, July 21, 22, 23, 24, 25, 28, 29, 30, 31
Sept. 22, 23, 24, 25, 26, 29. October 9.
Smith, C.J. :
On November 19, 1963, ~xaymond International (~amaica)
Ltd., a company registered i n Jamaica, 'xaymond Concrete P i l e
co. of the Americas and Construction Emkay S.A., both registered
in the United States of America ( h e r e i n a f t e r referred t o as
the Claimants) contracted j o i n t l y by deed with the Government
of Jamaica (the Respondent) for the construction of drainage
channels in the parish of s a i n t Andrew. These drainage
channels were t o form part of the Sandy Gully ~ r a i n a g eS cheme
being carried out by the Government under the Flood Water
Control Law, 1958, t o provide proper drainage for flood and
other water from areas of the parish of Saint Andrew i n t o the
Kings ton harbour.
The main works to be executed under the contract were:
the construction of the Constant Spring, F o r e ~ tH i l l s and
Sandy gully channels, the diversion of the Duhaney r i v e r into
a new channel, the construction of two jetties extending into
the harbour, of two railway briaes across