The Court has ordered the developer to remove the fence by March 7, 2026, and create an access road for ambulance, fire truck and private vehicles, to be finalised before July.
CUPECOY--The Court of First Instance has granted developer NLGY Development Ltd. additional time to construct a court-ordered access road to several residential properties, while simultaneously imposing new deadlines for temporary improvements to ensure safer access for residents and emergency services.
In a judgment delivered on February 27, 2026, the Court ruled that NLGY has not forfeited previously imposed penalty payments, despite missing the January 31 deadline to complete the access road.
However, the company must now finish construction no later than June 30, 2026. In addition, it has been ordered to pave the existing temporary access road by March 14 and remove a fence obstructing vehicle turnaround space by March 7.
The dispute stems from a settlement agreement signed on January 24, 2025, in which NLGY agreed to relocate a temporary road by October 2025 so that residents could access their properties via the original right-of-way route.
When the relocation did not take place, the residents initiated new summary proceedings. On December 16, 2025, the Court ordered NLGY to construct a proper access road by January 31, 2026, under penalty of US $1,000 per day, up to a maximum of US $100,000, for non-compliance.
NLGY failed to meet that deadline and subsequently argued that it was impossible to comply with the order. In the latest proceedings, the company relied on a January 23, 2026, report from the Fire Department, which concluded that the proposed road running through the active construction site and across an excavated area would not be used by emergency services due to safety risks.
The report stated that the route was not feasible in its current state and that, in the event of an emergency, fire crews would stop at the site entrance and deploy hoses from there, while assisting ambulance services where possible.
The Court noted that during the earlier proceedings, all parties, including the Court itself, had assumed the road could be constructed along the agreed route. In light of the Fire Department’s findings, however, the judge concluded that NLGY had sufficiently demonstrated that it is currently unable to comply with the original order in the manner anticipated. As a result, the Court determined that no penalty payments have been forfeited up to this point.
During a site visit conducted as part of the case, NLGY representatives explained that the future access road will run over a “cliff” created by previous excavation works. A retaining wall will be built to stabilise the slope and support the roadway. The proposed route is slightly wider than originally agreed, and the residents did not object to the revised alignment. NLGY also confirmed that no further excavation would take place on the property.
Balancing the interests of both parties, the Court granted NLGY additional time but set a firm deadline of June 30, 2026, for completion of the access road. The judge emphasised that the penalty of US $1,000 per day, up to a maximum of US $100,000, will apply if NLGY fails to comply with any of the new orders.
In a counterclaim, the residents sought additional measures to address ongoing access difficulties. NLGY objected to the counterclaim, but the Court rejected that objection, stating that
independent counterclaims are permissible as long as both parties are before the Court.
Although the Fire Department indicated that emergency services can technically reach the apartments under current conditions, the Court agreed with the residents that doing so would be extremely difficult. However, the judge did not consider drastic measures, such as demolishing temporary workers’ quarters, necessary at this stage.
Instead, the Court ordered NLGY to carry out commitments made during the site visit. The developer must provide proper paving of the temporary access road between the swimming pool and the workers’ barracks by March 14, 2026, to improve safety and accessibility. It must also remove the fence next to the residents’ apartments by March 7, 2026, to allow ambulances and private vehicles to turn around and exit the premises more easily. The Court noted that it assumes the fence is located entirely on NLGY’s land.
Both parties were found to be partially successful and partially unsuccessful in their claims. The Court therefore ordered that each side bear its own legal costs.
The judgment was declared provisionally enforceable, meaning it must be complied with immediately, even if one of the parties files an appeal.
In doing so, the Court stressed the ongoing importance of ensuring that emergency services will soon be able to access the residents’ properties more effectively than is currently the case.
