The big question about who will pay for the hole in the crater of the work on line-6 Orange do Metrô on the Tietê marginal still depends on the investigation of the causes of the accident, but the expectation is that the contract will cushion any disputes between the concessionaire and the granting authority.
Although it is a work that has dragged on for more than a decade, the contract is modern. It was signed in July 2020 when the Spanish Acciona took over the work. For Natascha Schmitt, a lawyer specializing in infrastructure, the update of the terms must have helped to contemplate elements of risk allocation.
“We are talking about a recent contract. It has already been made according to a more modern and better-thought-out risk allocation logic. These new contracts do come with important provisions. This is very important for legal certainty”, he says.
The public-private partnership contract contains a clause that foresees the risk of interference and sharing, that is, problems that affect the work and are caused by public services.
According to lawyer Rodrigo Campos, a partner at Porto Lauand, according to the contract, the company is expected to bear an engineering risk of up to R$ 30 million (amount referring to 2013, without correction). In the event that a third party is responsible for the collapse, Sabesp, for example, Acciona must request compensation for the damages.
Campos says that the contract for line 6 also has a dispute settlement clause in the event of disagreement over liability. In this case, technical analysis will be carried out, which can take months. That’s what happened with Dersa on the Rodoanel, according to the lawyer.
Even if the case ends in court, the lawyer estimates that the works at the site will not be paralyzed because of the clash. “It’s difficult given the population’s need for the subway line. There needs to be a responsible decision so as not to have more losses”, he says.
with Andressa Motter and Ana Paula Branco
Source: Folha
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