Post by xyz3800 on Feb 28, 2024 10:05:31 GMT
Federal judge Waldemar Cláudio de Carvalho, from the 14th Civil Court of the Federal District, ordered the Union, through the Ports Secretariat of the Presidency of the Republic, to reimburse a company in the port sector in the amount of R$ 4.4 million for additional costs not foreseen in contracted service. In this case, the services were provided but never paid for. In the decision, the magistrate states that, although the municipality has alleged irregularities in the supervision and measurement of the services provided, such irregularities do not have the power to eliminate the contractor's duty to make payment for the service provided. "It even entails a penalty of unjust enrichment on the part of the defendant, since the services were actually provided and not paid for. In fact, SEP was aware of the execution of those additional services provided by the company, having even expressly authorized their continuation" , he states.
According to the judge, there is no reason to disregard the services already provided by the company, as there is no presence of bad faith in being hired by SEP/PR for the emergency execution of the aforementioned services, much less their non-execution, cases that would authorize the measure adopted by the Administration of refusal to pay. "If there is any responsibility for the irregularity of the contracting, this must be attributed only Exit Mobile Number List to the Public Administration, which is responsible for carrying out the regular bidding process, as well as monitoring and measuring the services performed. The refusal to pay appears, therefore, to be unfounded. of any legality, since the service was actually provided", he points out. The municipality claimed that the deadline for the charge had already been prescribed, but the claim was rejected by the magistrate, as to date Van Oord has not received a response regarding the charge made administratively.
Thus, as the closure of that administrative process was not reported in the records, the statute of limitations is still suspended", she says. Unplanned Repairs The action was filed by the law firm Jacoby Fernandes & Reolon Advogados Associados , representing the company Van Oord, the executor of the services. The company requested compensation from the Union for the supply services provided, in relation to the costs of power generators, water, fuel, other expenses and BDI. The company signed a contract with the Ports Secretariat of the Presidency of the Republic to carry out deepening dredging as a result of waterway access to the port of Rio de Janeiro. During the execution of the work, at the request of the Ports Secretariat itself, unplanned repairs had to be made to underwater electrical cables that supplied the Almirante Wandenkolk Instruction Center, an entity of the Brazilian Navy. While carrying out the repairs, Van Oord rented and installed power generators to ensure the center's operation.
According to the judge, there is no reason to disregard the services already provided by the company, as there is no presence of bad faith in being hired by SEP/PR for the emergency execution of the aforementioned services, much less their non-execution, cases that would authorize the measure adopted by the Administration of refusal to pay. "If there is any responsibility for the irregularity of the contracting, this must be attributed only Exit Mobile Number List to the Public Administration, which is responsible for carrying out the regular bidding process, as well as monitoring and measuring the services performed. The refusal to pay appears, therefore, to be unfounded. of any legality, since the service was actually provided", he points out. The municipality claimed that the deadline for the charge had already been prescribed, but the claim was rejected by the magistrate, as to date Van Oord has not received a response regarding the charge made administratively.
Thus, as the closure of that administrative process was not reported in the records, the statute of limitations is still suspended", she says. Unplanned Repairs The action was filed by the law firm Jacoby Fernandes & Reolon Advogados Associados , representing the company Van Oord, the executor of the services. The company requested compensation from the Union for the supply services provided, in relation to the costs of power generators, water, fuel, other expenses and BDI. The company signed a contract with the Ports Secretariat of the Presidency of the Republic to carry out deepening dredging as a result of waterway access to the port of Rio de Janeiro. During the execution of the work, at the request of the Ports Secretariat itself, unplanned repairs had to be made to underwater electrical cables that supplied the Almirante Wandenkolk Instruction Center, an entity of the Brazilian Navy. While carrying out the repairs, Van Oord rented and installed power generators to ensure the center's operation.