An arbitration sentence declares proven that FCC correctly decontaminated the Flix reservoir (Tarragona)
22/01/2019
An arbitration sentence declares proven that FCC correctly decontaminated the Flix reservoir (Tarragona)
The sentence issued in the arbitration proceeding at the Court Civil and Mercantile of Arbitration has ruled that the EBRE-FLIX Joint Venture (formed by FCC Construccion and FCC Ambito) correctly fulfilled its contractual obligations in relation to the contract for the decontamination of the reservoir of the Flix, acting at all times during the execution of the contract in accordance with the instructions of the work management designated by Acuamed.
From the notified sentence, it is necessary to highlight:
- Ratification of the correct fulfillment of the contractual obligations of dredging and decontamination of the bed of the Flix reservoir by the UTE EBRE-FLIX.
- The Court considers that the swamp has been decontaminated. It assumes the conclusions of the CSIC reports used initially by both parties for the conclusion of the dredging; and declares proven the existence of errors in the technical reports used later by ACUAMED.
- The purification of confined water in the reservoir was not part of the contract object between Acuamed and UTE EBRE-FLIX.
FCC filed the arbitration, as this is the procedure contemplated in the contract for the resolution of disputes between the parties. This arbitration was intended to declare, as it has been, that both companies had complied with their contractual obligations, reserving the right to claim in a subsequent procedure the amounts pending collection for work performed and extra costs. Therefore, once the award is rendered, FCC will proceed to claim the extra costs incurred in the work, over 60 million euros.
Since the news of the preliminary proceedings opened in the National Court regarding several works of Acuamed was known, FCC has been providing full cooperation to the authorities in the framework of the investigation, while maintaining the absence of illegal conduct at all times. Some on your part. We want to reiterate once again FCC Construccion is commitment to society and its citizens, as well as our full commitment to continue working to provide our best services.