It has been agreed to initiate proceedings for the termination of the construction works contract.
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The Board of Trustees of the Symphony Orchestra
The Board of Trustees of the Fundación Orquesta Sinfónica de las Illes Balears (FOSIB) has today agreed to initiate proceedings to terminate the contract for the construction of the “Caja de Música” with the company Construcciones Alea S.L. due to the failure of the current company awarded the contract, which has declared itself incapable of completing the work. The Ministry of Tourism, Culture and Sport will put the project out to tender again as soon as possible, as this is a strategic project for the Balearic Islands in its bid to make culture one of the hallmarks of its identity.
This decision has been taken as a result of the non-compliance of the execution of the works and the lack of response from the adjudicator to the reports recently requested by the Conselleria on the real state of the works.
On 16 June 2021, the contract for the construction of the new FOSIB headquarters was formalised for 6.2 million euros plus VAT, with a completion period of 22 months.
On 30 January a request was received from the company to extend the deadline until 30 December 2023. In May 2023, a report was issued by the project management, stating that there were no objections to the extension of the deadline.
On 12 July, a report was issued by the project management regarding the current state of the works and the forecast of compliance, in which it was concluded that the most sensitive chapters of the project had yet to be executed, the state of execution was 36.76%, including stockpiles, and no increase in the pace of the works could be perceived. It was therefore foreseeable that the estimated deadline of 30 December 2023 could not be met.
On 26 October 2023, the contractor submitted a letter declaring that it was unable to carry out the work and requested the termination of the works contract by mutual agreement, citing external causes. After assessing the reasons put forward by the contractor, it has been concluded that no new circumstances have arisen that would imply amicable termination.
When the termination of the contract becomes effective, the FOSIB Board of Trustees will begin the tendering process for a new public tender, while the starting point for the new tender will be studied. At the same time and imminently, technicians from the Directorate General of Architecture will draw up a report with the appropriate safety measures to avoid danger to third parties in the current state of the work until the works are resumed.