The writ was instituted by Attorney General and Minister of Legal Affairs, Mr. Doodnauth Singh, S.C., on May 3, last.

But up to late Friday afternoon service had not been effected on the defendant by the Marshal of the Supreme Court Registry.

A spokesman for the Marshals Section said the writ of summons "has not been filed with us and until this is done, service cannot be effected."

The writ of summons with indorsement of claim which was filed on May 3, 2002, commanded the defendant within 10 days after the service of the writ on him, to have appearance entered on his behalf.

Among other things, the Government is claiming from the contractor:

(a) damages and pecuniary compensation in excess of $25M for breach of contract dated 21 February, 2001 for rehabilitation of the East Demerara Water Conservancy Embankment and structures from Flagstaff (Cane Grove) to Annandale (Re - Tender) between the Government of the Co-operative Republic of Guyana and B.K. International Incorporated.

(b) Damages in excess of $25M for damage and loss caused by the negligence of the defendant, their servants and or agents in the performance of their duties and obligations under the aforementioned contract.

(c) Such further or other relief as the Court seems fit.

A breach in the dam last November caused widespread flooding in the Cane Grove area and hundreds of residents were affected.