Court extends old dredging contract in the Port of Santos
Jan, 21, 2022 Posted by Gabriel MalheirosWeek 202203
The Federal Regional Court, at its third regional chapter, TRF-3, determined the extension of the contract between Santos Port Authority (SPA) and the company DTA Engenharia, contracted in 2020 to conduct dredging services at the Port of Santos. The topic was discussed by the 6th Panel of the Court last Monday and its decision was only published yesterday, January 20th. It is possible to appeal to the Port Authority.
The maintenance of the port’s draft depth has become a legal battle. On the one hand, the Port Authority understands that the end of the contract with DTA should occur 24 months after its signature, held in January 2020. The company, on the other hand, defends that the bond should last 24 months after the first service order, dated April of 2020.
Amid this clash, a new bid for the dredging service was held in 2021 and the contract was awarded to the Dutch company Van Oord, which bid R$ 371 million. DTA was in 3rd place. After the signing of the contract between SPA and Van Oord, the service was predicted to start on the 9th of January. However, two days earlier, the DTA obtained the extension of its original contract with SPA from the Federal Regional Court of the 2nd Region (TRF-2).
On the 12th, following the court’s determination, the Port Authority suspended the contract with the Dutch company, which took effect again on the 14th, when the Federal Court, in Santos, rejected a request from the DTA. On that day, the SPA stated its intention to resume contracting Van Oord. However, DTA won another victory this week, now in TRF-3.
Source: A Tribuna
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