Gautrain delay, disruption claim progressing – M&R
The delay and disruption claim legal process the Bombela consortium filed against the Gauteng provincial government regarding the construction of the R26.4-billion Gautrain rapid rail system is progressing, Murray & Roberts (M&R) said on Wednesday.
The process started in August 2012.
M&R noted in a statement on Wednesday that, owing to the complexity of the arbitration, initial hearings were focused on tackling the legal interpretation of various clauses in the Gautrain concession agreement.
The rulings of these initial hearings were largely in favour of the Bombela Concession Company, which was pursuing the claims on behalf of the Bombela Civil Joint Venture, in which M&R held a 45% shareholding, Bouygues 45% and SPG 10%.
“The legal basis of the claim has now firmly been established. It is important to note, however, that the merits and quantum hearings will only be heard as from the first quarter of 2016 with financial conclusion only likely the following year,” the group noted in a statement.
The rulings from the initial hearings related to the right to proceed with a claim for additional costs incurred on two cantilever bridges which had now been confirmed; and the late handover of land, which was determined to be a project event giving rise to an entitlement to an extension of time and compensation for additional costs incurred.
M&R said these rulings reaffirmed its accounting position taken in previous financial years, when part of the claim was recognised as uncertified revenue.
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