What began almost a quarter of a century ago as a judicial adventure has now run its full course, ending before the Caribbean Court of Justice, the region’s highest court.
The proceedings arose out of a Request for Proposals issued in November 1999 in my capacity as Receiver-Manager of Hotel Tower Limited. CARA submitted what it described as an expression of interest, expressly conditional upon due diligence and other matters. Before the process could run its course, CARA commenced proceedings claiming that I breached contractual and collateral obligations and sought to stall the process.
Those claims were soundly rejected at every level of the court system. The High Court dismissed them. And the Court of Appeal affirmed that decision. But CARA and its counsel persisted. And now, in an erudite, unanimous and thoroughly reasoned judgment, the Caribbean Court of Justice has brought the matter to an end.
In its judgment, the Court clarified and restated the law in Guyana on tendering and contractual formation. It recognised the concept of a process contract – now applicable to both public and private tendering – while making it clear that such a contract does not arise automatically. The decision requires a careful review of how tender processes are structured and communicated. It also provides timely and authoritative guidance on the need for clarity in tender documents, strict compliance by bidders, and discipline in the conduct of the process.
That CARA chose to pursue this litigation was not without consequence – and benefits. The Court used the opportunity to develop the law and, in doing so, offered clear reminders about the proper limits of litigation. The duty of legal counsel is not only to advance their clients’ cases but to advise against claims that are speculative, premature, or lacking in legal foundation. When that duty is not observed, the consequences are inevitable – as CARA has now learned to its cost.
In my respectful view, this case lacked merit from the outset and ought not to have been pursued. It has, however, served a useful purpose. The law has now advanced, and our practices and procedures must follow in lockstep. The guidance is clear. The integrity of the tendering process in Guyana – and accountability in contract awards – will be stronger for it.
Christopher Ram
25 March 2026