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The Legal Council of the Region of Murcia supports the City of Totana in the resolution of the contract with the company that prepared the inventory (14/09/2018)

Totana City Council has the perfect right to terminate the contract that in February 2015 awarded a company to develop the inventory and valuation of municipal assets.

That is the conclusion of the opinion issued by the Legal Council of the Region of Murcia (CJRM) at the request of the consistory, which has had access Efe, which indicates that there is "a culpable breach by the contractor of its essential obligation to deliver the contracted jobs ".

And adds that the city has the right to seize the guarantee that the contractor provided at the time of the award of the contest and that was set at 995 euros.

The opinion makes a detailed tour of the various vicissitudes that the relationship between the municipality and the successful bidder went through, to conclude that this did not meet the deadlines to which it was bound.

And he adds that the agreement established that the works had to be completed within a year, which expired in March 2016, although the city council did not resolve the contest even though it was not fulfilled, "tacitly accepting the date of May 5 of 2017 indicated by the contractor. "

This new deadline was also not fulfilled, which led the Consistory to initiate a first resolution procedure in June of that year, followed by another one in April 2018.

"It is evident - says this advisory body - that the contractor has incurred a patent and repeated breach of its duty to deliver the work that is the subject of the contract, neither within the maximum period foreseen therein or at a later date, despite the tolerance that for this purpose the city council dispensed with the purpose of procuring the correct, even late, fulfillment of the contract ".

Source: Ayuntamiento de Totana

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