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Recently, Hoa Binh Construction Group Joint Stock Company announced the official information of having won the lawsuit against FLC Group (FLC), forcing FLC to pay the debt amount of more than VND 276 billion.
The lawsuit is related to two construction contracts (Contract 57 and Contract 18) that FLC signed with HBC in October and December 2014, respectively.
In response to Hoa Binh’s announcement, FLC said that many content, documents and evidence presented by FLC was not considered in an adequate, complete, objective and fair manner.
“For example, VIAC relied on a single basis,” Confirmation of Liabilities “to assert that FLC implicitly acknowledges to HBC that the above amount does not guarantee the principle of equity under consideration. Comprehensive review of all evidence.”
“Because right in the content of the letter, this confirmation letter is issued at the request of the auditors of the annual financial statements and the number is only provisional. Immediately afterwards, FLC sent a letter to clarify with HBC that it believes that the number it must be determined in the record of the final agreement with the agreement of the two parties, while the previous provisional figures of both parties are not valid, “said the FLC.
FLC believes that the documents and the evidence that it provided related to this document are ignored in the judgment.
FLC also reflected that VIAC, as well as the Ho Chi Minh People’s Court, ignored the request to convene an audit firm and auditor to directly audit the financial statements of FLC 2017, 2018, 2019 to clarify the value of the price of the Letter of Previous confirmation and the outstanding balance of HBC (this debt balance has not been shown in the financial statements of FLC from 2018 until now).
FLC said that with a number of unclear legal issues, including the above two issues, this unit disagrees with the VIAC decisions as well as the Ho Chi Minh City People’s Court.
Therefore, the Group decided to sue HBC on March 8, to further clarify the violations. offense from HBC on construction progress and construction quality on some elements of the FLC Sam Son project, with tThe total amount of fines and damages is estimated at almost 80 billion VND.
At the same time, on March 9, the FLC also filed a petition with the Supreme People’s Court and the Supreme People’s Prosecutor’s Office, recognizing indications of serious procedural violations and original transgressions, just change in the adjudication of the VIAC and the People’s Court of the City. Ho Chi Minh.
The dispute between FLC and HBC raged over many years mainly due to the fact that the two parties could not agree on the settlement value of some construction contracts on the Sam Son FLC project.
HBC’s view was that FLC must pay principal and interest on the late payment and late payment penalty to HBC. According to FLC, HBC has violated the progress and quality of construction during the process of being a contractor at Sam Son FLC, causing construction to come to a halt with a series of serious errors such as: not having enough workers, using unskilled subcontractors, construction. no strict supervision, lots of wrong design elements …
For example, comparing the term agreed by the parties in Contract 57 with the time of temporary delivery of the works and putting into use (certified by the consultant), the Club House item is at least 114 days, and the Center category conference is at least 110 days later.
FLC said: In the context that FLC Sam Son is a tourism project that is of particular importance in terms of progress and quality to Thanh Hoa in general and companies in particular, FLC was forced to force HBC to stop testing . At the same time, agree to hire a third party contractor to correct errors and compensate for the delay caused by HBC.
Peace
According to Business and Marketing
