Portal de Murcia

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The City Council property liability service has determined that the maintenance company of green areas is the one that must compensate the damages to those affected by the fall of part of the ficus of Santo Domingo (17/04/2019)

The Councilor for Finance and Recruitment, Eduardo Martínez-Oliva, explained that "the file of property liability that has followed this City Council as a result of the claims filed for damages caused by the fall of part of the ficus of the Plaza de Santo Domingo has processed for the patrimonial responsibility service.

Initially, 10 claims were filed, four of which were filed by an insurance company for damage to windows and facades in the building they insured.

Thus, the company STV Gestión was declared liable in those claims that the amount of the damages has been proven, in particular, in five of the ten presented, which amount to a total of 28,582 euros ".

"The company STV has to answer for damages caused to third parties, as this is established in the service contract that you have with this City Council.

For this purpose it is also established that STV has the obligation to have a civil liability insurance covering these damages, "said Martínez-Oliva.

Thus, the specifications that governed the contracting of this contract established in section 8.3 of the contractor's responsibility that "the awardee will be responsible for the technical quality of the work and the services rendered, as well as the consequences that are deducted for the municipality or for third parties due to omissions, errors, inadequate methods or incorrect conclusions in the execution of the contract.

It will be the obligation of the awardee to indemnify all the damages and losses that are caused as consequences of the actions that are carried out in execution of this contract ".

Martínez-Oliva concluded by explaining that "in accordance with the provisions of article 18.3 of this contract, the contractor company will respond objectively and, consequently, must compensate all damages and losses caused to third parties as a result of the contract awarded.

In this sense, there is a large number of judgments of the administrative litigation room that in similar cases have determined the responsibility of the company awarded the maintenance service for green areas and road trees ".

Source: Ayuntamiento de Murcia

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