NUST dragged to court over N$5m
University accused of breach of contract
According to the firm, it issued the university with invoices on 19 June 2020 and 20 November 2021, both of which have yet to be paid.
The Namibia University of Science and Technology (NUST) is currently embroiled in a legal tussle with Mutua Scriba Architects.
The university allegedly refused to pay the architecture firm over N$5.1 million for professional services it rendered for NUST’s campus, hostel, graduation square, Pupkewitz FabLab and Centre for Enterprise Development.
In court papers, NUST admitted that an amount of N$5.1 million is outstanding and that it had made a N$7 797 payment, but insisted that it is not indebted to Mutua Scriba Architects and has not entered an agreement with the firm, but rather with Barnard Mutua Architects.
Mutua Scriba said it entered into an agreement with then-vice-chancellor Dr Tjama Tjivikua. The agreement comprised a five-stage process that would include surveys and investigations of existing structures and site conditions, it said.
It also included the creation of design presentation, various sketch plan meetings and the appointment and assessment of other professional consultants.
This agreement also set out that the architects would be entitled to be remunerated in full for all services rendered.
Breach of contract
According to the firm, it issued NUST with invoices on 19 June 2020 and 20 November 2021.
“NUST breached the agreement in that it failed to pay us within 30 days of presentation of our invoices. On 10 February 2022, NUST made partial payment of N$7 797, leaving a balance of N$5.1 million outstanding.
“To date, it remains in breach of the agreement in that it failed or refused to pay the balance due. In this premises, NUST is indebted to Mutua Scriba Architects in the aggregate amount of N$5 181 396,” the company said.
Wrong company
Meanwhile, in a plea submitted in October 2022, NUST leadership dismissed Mutua Scriba Architects’ claim, saying it has no legal standing to institute and prosecute any action as the agreement in question was entered into with Barnard Mutua Architects.
According to the university, the agreement is now defunct, as it was not signed with Mutua Scriba Architects.
“NUST never had a contractual relationship with Mutua Scriba Architects in 2011 when the agreement was concluded. Consequently, they lack the necessary legal standing to institute and prosecute the action against NUST.”
The case was postponed to 31 October for a status hearing and to allow the parties to amend their pleas.
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The university allegedly refused to pay the architecture firm over N$5.1 million for professional services it rendered for NUST’s campus, hostel, graduation square, Pupkewitz FabLab and Centre for Enterprise Development.
In court papers, NUST admitted that an amount of N$5.1 million is outstanding and that it had made a N$7 797 payment, but insisted that it is not indebted to Mutua Scriba Architects and has not entered an agreement with the firm, but rather with Barnard Mutua Architects.
Mutua Scriba said it entered into an agreement with then-vice-chancellor Dr Tjama Tjivikua. The agreement comprised a five-stage process that would include surveys and investigations of existing structures and site conditions, it said.
It also included the creation of design presentation, various sketch plan meetings and the appointment and assessment of other professional consultants.
This agreement also set out that the architects would be entitled to be remunerated in full for all services rendered.
Breach of contract
According to the firm, it issued NUST with invoices on 19 June 2020 and 20 November 2021.
“NUST breached the agreement in that it failed to pay us within 30 days of presentation of our invoices. On 10 February 2022, NUST made partial payment of N$7 797, leaving a balance of N$5.1 million outstanding.
“To date, it remains in breach of the agreement in that it failed or refused to pay the balance due. In this premises, NUST is indebted to Mutua Scriba Architects in the aggregate amount of N$5 181 396,” the company said.
Wrong company
Meanwhile, in a plea submitted in October 2022, NUST leadership dismissed Mutua Scriba Architects’ claim, saying it has no legal standing to institute and prosecute any action as the agreement in question was entered into with Barnard Mutua Architects.
According to the university, the agreement is now defunct, as it was not signed with Mutua Scriba Architects.
“NUST never had a contractual relationship with Mutua Scriba Architects in 2011 when the agreement was concluded. Consequently, they lack the necessary legal standing to institute and prosecute the action against NUST.”
The case was postponed to 31 October for a status hearing and to allow the parties to amend their pleas.
[email protected]
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