Before and after pictures of the Ebenezer Road location, showing (above) a collapsed hillside with missing septic tank and cistern, and (below) the completed emergency stabilisation works.
PHILIPSBURG--A contractor hired in 2025 by the Ministry of Public Housing, Spatial Planning, Environment and Infrastructure VROMI for emergency stabilisation works on Ebenezer Road has threatened legal action against the Government of St. Maarten over more than EUR 135,000 in outstanding payments, despite written approvals and repeated assurances from VROMI Minister Patrice Gumbs that payments would be expedited.
The dispute surfaces just days after Gumbs defended his ministry in Parliament against criticism over delayed contractor payments, arguing that many outstanding invoices inherited by the ministry lack proper legal foundations, contracts, or documentation required under the government’s updated financial management procedures.
Documents obtained by The Daily Herald show that ACROBAT X Caraïbes, the company contracted to carry out emergency stabilisation works at 60 Ebenezer Road following a landslide, has been seeking payment for eleven months for works performed under what the company describes as an urgent government-approved emergency project.
The same project had previously been highlighted by VROMI itself in a June 22, 2025 press release titled “VROMI Completes Emergency Landslide Stabilization in Ebenezer,” in which the Ministry described the intervention as a critical effort to protect homes and infrastructure ahead of the 2025 hurricane season.
In that release, VROMI stated that the stabilisation works addressed “a critical landslide threat” caused by severe soil erosion and drainage failures that had worsened following tropical storms in August 2024 and heavy rains during the November 2024 St. Martin Day weather event. According to the Ministry, the situation posed immediate danger to nearby homes, public infrastructure, and stormwater channels in the Ebenezer area.
The Ministry also noted that residents had been raising concerns about erosion and unsafe excavation along the hillside since 2010, with multiple complaints submitted between 2020 and 2022 regarding falling soil and instability in the area.
VROMI further stated that assessments for the project began in late August 2024, were completed in February 2025, and that physical stabilisation works commenced on March 10, 2025 under the leadership of VROMI Minister Patrice Gumbs.
Among the works highlighted in the press release were shotcrete nailed wall construction, slope anchoring, drainage trench restoration, culvert reconstruction, and reinforcement measures intended to stabilise the hillside and reduce flooding risks.
The Ministry praised ACROBAT X as “one of the few specialised geotechnical contractors operating in our subregion” and described the intervention as part of government’s “proactive approach to climate adaptation and infrastructure resilience.”
“The residents of the area are now safer and better protected against erosion, landslides, and flash flooding,” the Ministry stated at the time.
However, despite the public praise surrounding the completion of the project, correspondence reviewed by this newspaper now reveals that the contractor has been unable to secure full payment for portions of the completed works.
In a March 30, 2026 letter addressed to Prime Minister Dr. Luc Mercelina, ACROBAT X
Managing Director Julien Ripert requested “urgent settlement of payment for emergency works,” warning that the continued non-payment was threatening the company’s financial stability.
“If either of these requests are not met by the date indicated, we will initiate legal action in order to secure that the Government of St. Maarten complies with its contractual obligations and safeguard ACROBAT X’s financial and operational viability,” Ripert wrote.
The contractor stated that invoices dating back to June 12, 2025 remain partially unpaid, despite what the company says were approved quotations, signed agreements, and direct authorisation from Minister Gumbs himself.
According to correspondence reviewed by this newspaper, the original quoted amount for the emergency works exceeded EUR 401,000, while later financial simulations brought the total project value to more than EUR 528,000, including additional reconstruction works requested during execution.
In Parliament this week, Gumbs defended delays in payments to contractors by stating that the ministry is now enforcing stricter financial and procurement controls through the government’s AIMS financial management system.
“Work without a legal basis may encounter processing-related delays in payment,” Gumbs told Members of Parliament.
He explained that since January 2026, payments can only be processed if supported by formal contracts, service level agreements, or authorised national decrees. “The ministry created advice for payments manually and this is no longer allowed,” the Minister said during the parliamentary debate.
However, documents related to the ACROBAT X project relate to 2025 and appear to show direct written authorisation and approval from Gumbs himself.
In an email dated May 12, 2025, Minister Gumbs wrote directly to Ripert confirming approval of several project components and acknowledging the need to expedite payments.
“Approval of the final financial simulation submitted, including the reconstruction of the 14-meter culvert, as well as associated restoration works of fences, side walls, and front walls,” Gumbs wrote.
The Minister further stated in his correspondence that there was “acknowledgment and agreement to expedite payment” for three outstanding invoices submitted by the contractor. The invoices listed included Invoice F2025-003 in the amount of EUR 128,388.28, Invoice F2025-004 totalling EUR 131,057.85, and Invoice F2025-006 for EUR 142,237.20, bringing the combined amount to more than EUR 401,000.
According to a payment summary attached to the correspondence, the first three invoices were largely paid, totaling approximately EUR 393,483.
However, two subsequent invoices — Invoice F2025-010 dated May 31, 2025 for EUR 91,931.17 and Invoice F2025-011 dated June 12, 2025 for EUR 43,233.75 — remain unpaid, leaving an outstanding balance of EUR 135,364.92.
In earlier correspondence sent to Gumbs on December 16, 2025, Ripert warned that the prolonged delay was placing “substantial pressure” on the company’s liquidity.
“As an emergency contractor, it is not within our remit, nor is it reasonable for ACROBAT X to pre-finance urgent works on behalf of the Government of St. Maarten,” he wrote.
Ripert further argued that emergency-related budget mechanisms should exist specifically for situations involving urgent public safety interventions. “In light of the urgent nature of these works, we respectfully emphasise that emergency related budgets are generally available for the timely settlement of such expenditures,” he stated.
According to the contractor, government representatives later informed the company that the Governor had not approved the additional scope of works and that payment would require
amendments to the 2025 budget by Parliament.
The contractor disputed that explanation, arguing that the quotations and financial simulations had already received ministerial approval during the execution of the project.
The correspondence also reveals that ACROBAT X had warned government officials during the project that delays in payments could disrupt ongoing emergency works. The company repeatedly stressed the urgency of completing stabilisation before the hurricane season, while also raising concerns about additional landslide risks in nearby areas, including Mildrum Road.
During Tuesday’s parliamentary meeting, Gumbs acknowledged broader systemic issues involving contractors operating without formalised contracts. “From a ministry-wide perspective, there are several companies currently providing services without a formal contract,” the Minister said.
He argued that the ministry is now attempting to regularise such arrangements through improved governance, procurement procedures, and service-level agreements. “The ministry is actively working to regulate arrangements by establishing formal service level agreements to ensure proper governance, accountability and alignment with established procurement and operational standards,” Gumbs stated.
The Minister also acknowledged that resolving inherited invoices and retroactive payment claims presents major challenges. “Addressing these issues retroactively presents considerable challenges, particularly in cases where supporting documentation is limited or absent and where the works in question were not formally budgeted,” he told Parliament.
However, the ACROBAT X file appears to contain detailed quotations, engineering breakdowns, invoices, payment summaries, and direct written communication between the contractor and the Minister himself.
The company has copied its complaints and legal warnings to several high-ranking officials, including the Governor of St. Maarten, the President of Parliament, the Prime Minister, and senior VROMI officials.
As of press time, neither the Prime Minister nor Minister Gumbs had publicly responded to the contractor’s latest legal warning letter.
