Benidorm will terminate the contract with the company that carried out the infrastructure renovation works on Montecarlo Avenue due to non-compliance

The Local Government Board of Benidorm City Council will approve next Monday, July 1, the resolution of the contract with the company awarded the works to renew the drinking water and sanitation infrastructure on Montecarlo Avenue, Phase I. This work was awarded in October 2022 to the company Vainsa Infraestructuras S.L. and it has been paralyzed for months due to non-compliance by the company itself.

According to the technical reports, it is inferred that since September 2023 the contractor unilaterally ceased the continuation of the works, which is why the initiation of the contract termination file was requested “due to abandonment of obligations by the contractor related to non-compliance with execution period established in the contract.”

The reports indicate that since September 2023, the company “did not resume the works, and that unilateral stoppage has been maintained by the contractor until today.” However, last May the company requested the termination of the contract, also demanding amounts in compensation and work performed.

The City Council, however, by Law 9/2017 on Public Sector Contracts, rejects the company's request and considers that there is cause to terminate the contract and even warn it of the possible loss of the deposit deposited by the company itself.

Thus, the proposal signed by the Councilor for Water Cycle, José Ramón González de Zárate, agrees to initiate the contractual resolution file for non-compliance with the obligations contracted in the contract by the contractor. He also proposes the termination of the contract and nullifying the contractual relationship with the company "due to the delay in compliance with the deadlines established in the documents."

The company will have a hearing procedure so that within ten days it will have to present the allegations and documents it deems pertinent in defense of its interests. If the company opposes the proposed termination of the contract, the administrative file and the allegations will be sent to the Consell Jurídic Consultiu. In that case, the calculation of the deadline to resolve the procedure will be suspended until the CJC's opinion is received.

Finally, once the contract has been solved, if applicable, the verification, measurement and settlement of the works carried out under the project will be carried out, establishing the relevant balances in favour or against the contracting company.