If a building contractor agrees to complete a project for a specific budget and on an agreed upon deadline, and fails to live up to that obligation, penalties should be levied. If the argument is that the developer required excessive changes that were not in the original contact that resulted in the delay, an objection by the builder and extension of the deadline should have been negotiated at the time: not after the breach has occurred.

Rightly or wrongly, it is a common perception that the government is favoring the Chinese group over the developer in the BahaMar stalemate. The facts are clear that the Chinese have the money and are willing to invest in a wide variety of projects (BAMSI, The Pointe Development, The Hilton etc) that might benefit the economy of the Bahamas. The long-term implications for their involvement can only be speculated upon.

There is also the oft-expressed unsubstantiated opinion that the motives of certain members of the government are biased towards the Chinese position for other than altruistic reasons. Any potential conflict of interest needs to be exposed and remedied in order to rescue our international reputation.

The Chinese negotiators feel that they have the advantage in view of the position the government has taken and will be unlikely to compromise. The atmosphere has been so poisoned that the government cannot reasonably be considered a fair arbiter in any discussions. In the absence of an agreement this week, the recommendation of the Bahamas Chamber of Commerce and Employers’ Confederation that the parties agree to a binding decision by an independent international arbitration organization would be the fairest and only reasonable course to follow.

The role of the government should not be to proceed to liquidation, but rather to compel the parties to present their cases to an unbiased body for an equitable and speedy resolution.

C. Dean Tseretopoulos

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First published in The Nassau Guardian and posted here with the kind permission of the author.