Reclon Consulting Engineers (Pvt) Ltd v National University of Science & Technology

Key Issues

• {"issue_text":"Whether the plaintiff provided professional services and is entitled to payment","issue_type":"mixed","dispositive":"yes","related_facts":"Plaintiff completed work and invoiced defendant; defendant acknowledged indebtedness"}
• {"issue_text":"Whether plaintiff was obliged to comply with State Liabilities Act before issuing summons","issue_type":"procedural","dispositive":"no","related_facts":"Defendant raised this as preliminary issue"}
• {"issue_text":"Whether agreement is subject to Procurement Act provisions","issue_type":"law","dispositive":"yes","related_facts":"Value of contract was below tender threshold"}
• {"issue_text":"Whether procurement procedures were complied with","issue_type":"law","dispositive":"yes","related_facts":"No evidence of compliance with sections 30, 31, 32"}
• {"issue_text":"Whether agreement is enforceable despite non-compliance","issue_type":"law","dispositive":"yes","related_facts":"Contract performed by plaintiff; defendant benefited"}
• {"issue_text":"Whether agreement was signed by authorized person","issue_type":"law","dispositive":"no","related_facts":"Director of Works signed agreement; previous agreements signed similarly"}
• {"issue_text":"Whether government is liable for payment","issue_type":"law","dispositive":"no","related_facts":"Agreement between plaintiff and defendant only"}

Background