Engineering firms clash over N$600k payment

Two engineering firms are currently embroiled in a fierce battle that has spilled into the High Court over a N$600 000 payment.

 Seal Consulting Engineers is demanding a payment of N$568 391 from Wesco Engineering Services for work carried out for an oil recycling plant in Windhoek. However, Wesco Engineering denies ever contracting Seal for any work.

According to court papers, Wesco allegedly appointed Seal as professional consulting engineers to design a new oil recycling plant to be constructed on erf 14 and 15, Nubu Industrial Park, Windhoek.

“The written part of the contract consisted of an e-mail of Pieter de Witt from Wesco to us,dated 12 January 2021 with 3 attachments consisting of erf layouts, copies of which e-mail and annexures. We duly complied with its obligations, designed the new oil recycling plant, compiled the drawings, obtained quotations from two specialist construction companies for the construction of the depot on, and submitted the drawings for approval with the Windhoek City Council,” said Seal in its heads of argument.

The company further indicated that in August 2021, it was instructed by Wesco of its intention to halt the construction of the intended oil recycling depot.

Seal subsequently rendered its invoice to Wesco for the stage of work completed, in accordance with the terms and charges agreed. The engineering firm argues that since then, payment of the invoice remains outstanding and overdue.

Meanwhile, Wesco Engineering Services has filed a special plea, saying that they do not trade under the name Wesco Group Namibia – the name of a group of companies wherein the name Wesco appears.

The company further denied entering into an agreement with Seal, in respect of a design of a new oil recycling plant. They say their name Wesco Engineering Services doesn’t appear on documents submitted to the court in support of Seals' case, only Wesco Group Namibia which they say is not even a legal entity.

“We never conducted the business of an oil recycling plant and never intended to commence with the business of an oil recycling plant. We conduct an engineering business and not a waste management or recycling business. The plaintiff at all material times relevant contracted with Wesco Waste Management and not us. We have no direct or substantial interest in this matter, or the relief sought in this matter and are not liable to the plaintiff,” the special plea reads.

Judge Thomas Masuku is presiding over the case.

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Last modified on Thursday, 08 September 2022 17:07

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