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Update on Bertolin vs Gata de Gorgos court case – 14th February 2020

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COURT CASE UPDATE – BERTOLIN V GATA TOWN HALL

GATA TOWN HALL, FRIDAY 14TH FEBRUARY 2020

PRESENT:  Josep Signes Mayor of Gata

Toni Signes Deputy Mayor and Councillor for Residents

Antonio Verdu Senior lawyer for Diputacion de Alicante, representing Gata Town Hall

Louise Kirkley Association President

Peter Bayliss Association Membership Secretary

Angie Dickinson Association Vice-President

SUMMARY OF MEETING 

BERTOLIN (construction company tasked with finishing the Urbanisation) 

and 

GATA TOWN HALL:

  • contract to finish the urbanization in accordance with original plans 
  • BUT Bertolin assumed responsibility for “additional improvements” to be paid for from their own pocket, totaling approx. 500,000€
  • After completing the vast majority of the planned works, Bertolin filed legal proceedings against the Town Hall claiming
  1. 25,849€ (money lost for suspension of the works) PLUS
  2. 213,412€ (damages)
  • At this stage, the works remaining to complete the urbanization totalled:     500,000€ – paid for by aval PLUS

    300,000€  – additional improvements as per contract Bertolin

COURT OF FIRST INSTANCE ALICANTE 

  • 1 judge ruled partially in favour of Bertolin and granted:
  1. 25,849€ granted for lost profits after suspension of works
  2. 22,000€ granted for damages
  • Town Hall on advice from lawyer appealed this decision on the basis that it doesn’t satisfy either of the parties and requires further consideration from different judges.  

COURT OF APPEAL (TCJ VALENCIA) 

  • Appeal presented February 2018 
  • 5 judges are currently considering the case
  • Average time taken for resolution = 2 – 3 years 

POSSIBLE OUTCOMES

  • Judges uphold ruling of Alicante judge
  • Judges concur with Bertolin’s original claim 
  • Judges decide in favour of the Town Hall with a completely new resolution which could include:
  1. Rescind the original contract settling outstanding costs.  In this case Town Hall can put the contract out to tender again for a new company to begin the works asap.
  2. Oblige Bertolin to honour original contract and complete all outstanding works including the “additional improvements” totaling 300,000€. 

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