Form CON – 2
Historical Contract Non-Performance, Pending Litigation and
Litigation History
Applicant’s Name: Unik Construction Engineering (Pty) Ltd
Date: 11th, December, 2024
Joint Venture Member’s Name: None
ISD No. AE/001/2024-25/HQ/W/47
Title: Upgrading of Chamwino – Dodoma Section (32km) Under Design and Build Contract
Page 1 of 2 pages
Non-Performed Contracts in accordance with Section III, Table 1 Qualification Criteria, and
Requirements
Contract non-performance did not occur since 1st January 2019 specified in Section III, – Table
1 Qualification Criteria, and Requirements, Sub-Factor 2.1.
Contract(s) not performed since 1st January [insert year] specified in Section III, – Table 1
Qualification Criteria, and Requirements, Sub-Factor 2.1.
Year Non- Contract Identification Total Contract
performed Amount (current
portion of value, currency,
contract exchange rate
and US$
equivalent)
None None Contract Identification: None None
Name of Employer: None
Address of Employer: None]
Reason(s) for non-performance: None
Pending Litigation, in accordance with Section III, Table 1 Qualification Criteria, and Requirements
No pending litigation in accordance with Section III, Table 1 Qualification Criteria, and
Requirements, Sub-Factor 2.3.
Pending litigation in accordance with Section III, Table 1 Qualification Criteria, and
Requirements, Sub-Factor 2.3 as indicated below.
Total Contract
Amount in Amount
Year of
dispute Contract Identification (currency), USD
dispute
(currency) Equivalent
(exchange rate)
Case No. CVHGB-002884-17
Contract Identification: The
Construction of A Railway Spur To
Tshele Hills, Tender No. TC 1004-
15/16'
Name of Employer: Botswana Railways
Address of Employer: Private Bag 0052
Mahalapye, Botswana.
Matter in dispute: The supplied sleeper
doesn't meet the specifications, failed in
tests and rejected by the supervising
Engineer of the project. Contractor can't
2017 USD 0.7 Million use the sub-standard concrete railway USD 28 Million
sleepers for the project, hence not paid
to the supplier.
Party who initiated the dispute: Kwena
Concrete Products (Pty) Ltd who was
the manufacturer and supplier of
Concrete Railway sleepers for
Contractor went to court for payment
towards Manufactured /supplied
sleepers.
Status of dispute: Ongoing, the matter
was set down on October 17, 2024.
Outcome is expected by February 13,
2025.
Litigation History in accordance with Section III, Table 1 Qualification Criteria, and
Requirements
No Litigation History in accordance with Section III, Table 1 Qualification Criteria, and
Requirements, Sub-Factor 2.4.
Litigation History in accordance with Section III, Table 1 Qualification Criteria, and
Requirements, Sub-Factor 2.4 as indicated below.
Total Contract
Outcome as Amount
Year of
percentage of Net Contract Identification (currency), USD
award
Worth Equivalent
(exchange rate)
2019 0000 Case No.: UAHGB-000042-19 USD 87.5 Million
Contract Identification: Design, Supply,
Installation, Construction and
Commissioning of Mmamashia Water
Treatment Plant, Tender No. WUC/015
2018
Name of Employer: Water Utilities
Corporation, Botswana
Address of Employer: P/Bag 00276,
Gaborone, Botswana
Matter in dispute: The termination was
unlawful without giving a reason in
writing for termination and no charge
sheet filed against China Jiangsu
International Botswana on the
allegation.
Party who initiated the dispute: Unik
Construction Engineering (Pty) limited
Reason(s) for Litigation and award
decision : Matter amicably resolved
between the parties in May 2020 without
using Dispute Adjudication Board and
Arbitration. All payments for work done
and compensation were paid and the
matter was closed.
2019 0000 Case No.: CVHGB-001779-19 USD 27.5 Million
Contract Identification:
Name of Employer: Modern Ventures
(Pty) Ltd, Botswana
Address of Employer:
Matter in dispute: Client failure to
repay the loan to Unik Construction
Engineering (Pty) ltd
Party who initiated the dispute: Unik
Construction Engineering (Pty) limited
Reason(s) for Litigation and award
decision: Litigation commenced against
Modern Ventures (Pty) Ltd to foreclose a
mortgage bond of Botswana Pula 20
Million arising out of a loan advanced
principally by Unik Construction
Engineering (Pty) ltd. Matter was settled
through a court order in favor of
Contractor.
Case No.: CVHGB-001778-19
Contract Identification: Construction of
Infrastructure in Blocks A and B in Lot
2 of Farm 36- NQ in Greater
Francistown, Contract no. MV /36-
NQ/LOT 2/2016/01'
Name of Employer: Modern Ventures
(Pty) Ltd, Botswana
Address of Employer:
Matter in dispute: Payment delays by
the Client to the Contractor, interest
2019 0000 USD 27.5 Million
charges accrued , Plant and Equipment
standing time, repatriation of
employees, loss of profit, etc.
Party who initiated the dispute: Unik
Construction Engineering (Pty) limited
Reason(s) for Litigation and award
decision: The reason for termination was
due to Client unable to meet the
Contractual obligations and has issues
with its Financier (Botswana
Development Corporation). Matter was
settled through a court order in favor of
Contractor.
