Praha: The contract for the construction of the Blanka tunnel has been invalid from the start

Publisher
ČTK
20.11.2013 22:15
Czech Republic

Prague

Prague - According to the city leadership, the contract between Prague and the company Metrostav for the construction of the Blanka tunnel complex has been invalid from the beginning. Prague cannot complete or take over the construction, claims the control department of the magistrate. Today, Prague councilors were briefed on the material during an extraordinary meeting. Mayor Tomáš Hudeček (TOP 09) stated that neither the council nor the assembly ever discussed the contract. A Metrostav spokesperson called it a mistake.
    Prague has thus far paid 25 billion crowns for the construction. The tunnel complex is expected to cost a total of 36 billion crowns.
    "The city has paid out tens of billions of crowns without a legitimate reason and cannot continue this unlawful action," Hudeček told ČTK. The councilors are reacting to a letter received today, in which Metrostav notified Prague of the suspension of construction. The reason is that the city has not paid 2.1 billion crowns. The suspension of work is likely to delay the planned opening of the tunnel in the spring of next year; according to ČTK's information, it could be delayed by two months, to the end of June.
    According to Metrostav spokesman František Polák, there is a council resolution where the contract was discussed. "We have been behaving according to this contract for five years. Prague citizens drive on the roads built according to this contract, and now we are supposed to pretend that this construction does not exist? It seems to me like some sort of mistake, but I am not a lawyer, so I cannot comment," he told ČTK.
    In the archive of resolutions of Prague councilors, there is indeed material from September 26, 2006, in which the council approved the winner of the competition for the construction of the tunnel complex, or a council resolution from April 10, 2007, in which it decided to award the contract to Metrostav. The city will now have a legal opinion prepared regarding the conclusions of the control department. This will confirm or refute the department's findings. From this, they will derive further steps, including possible criminal charges.
    The city will also seek answers from the law firm on whether the approval of the contract by the assembly was necessary for its conclusion, whether this violated the law, and what steps are necessary for rectification. The magistrate also wants to know whether it can be ruled out that the implementation of these steps may cause the city harm and whether anyone could be exposed to criminal prosecution.
    According to Hudeček, the former leadership of Prague during the era of former mayor Pavel Bém (ODS) is likely responsible for the situation. "This fundamental problem can be unequivocally attributed to the legal amateurism of the city leadership during Bém's period and the arrogance manifested by disrespecting the law and recklessness toward public interests," Hudeček said. Deputy Jiří Vávra (TOP 09) stated that Blanka is "most likely an illegal construction." According to him, its preservation would cost the city 1.6 billion crowns a year.
    The analysis was commissioned by the control department after the city discovered, while verifying documents for the Troja Bridge, which is part of the Blanka complex, that there is no original approved contract. "It was found that the same situation applies to the entire Blanka tunnel complex," Hudeček said.
    The city's next steps are not entirely clear at this point. According to Hudeček, the legal analysis should be partially completed by Friday. Subsequently, the city wants to negotiate with Metrostav and, together with lawyers, look for a way to legally resolve the entire situation. The city leadership will also consider the possibility that no legal path exists to resolve the situation.
    The Blanka tunnel complex began construction in 2007. The complex measures 5.5 kilometers, and its part is the longest continuous bored tunnel in the Czech Republic, approximately 2.23 kilometers long.
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