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The Vilnius Regional Court ruled in this way, dismissing the partners’ claim.
According to the court, the contractor violated the contract because of his inaction “Pesmes violated the contract, and the assertions of the partners of the company that the municipality did not require the works before its bankruptcy are unfounded.
“The partners themselves had clearly agreed to be represented by Active Construction Management on their behalf, and information about improper performance of the contract was also sent to the plaintiffs themselves,” the court ruled this week.
According to the court, the joint venture partners should have been made aware of the improper performance of the contract by July 2019 at the latest.
The company Montuotojas, Mitnija, HSC Baltic, Axis Power are seeking before the courts that the decision of the municipality to terminate the pool contract and include them in the list of unreliable suppliers be declared illegal, as well as that the contract was terminated because of the municipality .
According to the contractors, when they filed for bankruptcy with the main partner of the joint venture, they sought to take over their work, but the municipality did not provide information and therefore was unable to assess the situation. The companies affirm that the contract was executed without taking into account the breaches of the active management of the work and paying an advance of the work, although it was not foreseen in the contract.
According to court documents, the active construction management committed to executing 65% of the contract. of all the works, the power of the Axis – 10 percent, Mitnija and Montuotojas – 5 percent each.
According to the municipality, the works have not been carried out since September 2019. According to the data of the Vilniaus vystymo kompanija company, during 2017-2019 works were carried out for 6.3 million. EUR (excluding VAT) and EUR 4.28 million were paid for the pool equipment. EUR (excluding VAT).
The pool construction contract with the contractors was terminated by the municipality in early 2020, claiming that the contractors refused to continue work. The total value of the contract was 21.8 million. euros.
The municipality plans to announce a new tender for the pool contractor, but has not done so yet. According to the municipality, the construction of the rest of the basin could take between 8 and 9 months. So far, about 40 percent has been done. Swimming pool construction work. The new planned opening date of the Lazdynai Basin is the end of 2021.
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