The Port will have to compensate Boyer to the tune of 115 million francs

The Port will have to compensate Boyer to the tune of 115 million francs
The Port will have to compensate Boyer to the tune of 115 million francs

Tahiti, May 14, 2024 – The administrative court on Tuesday ordered the Autonomous Port of Papeete to pay the sum of 115 million francs to Boyer. The construction company had taken legal action to seek compensation following a delayed start of work on the Toru quay in Vaiare, then blocked by the Terevau ship.

The Autonomous Port must now face a scathing legal decision, rendered this Tuesday by the administrative court, ordering the payment of 115 million francs to the Boyer company. A sum corresponding to the delay costs for the start of work on the Toru quay site in Vaiare in 2021. Delay for which responsibility was attributed to the Epic du Port de Papeete.

To put it in context, the construction company initiated legal proceedings on October 30, following a disagreement concerning the final count for the Toru quay site at the port of Vaiare, awarded by the Autonomous Port of Papeete in August 2021. At the end of the works, Boyer had estimated that, in addition to the 273 million francs received for the execution of the work, additional costs should have been included in the final invoice, due to the 58-day delay in starting the work. After several attempts at an amicable settlement, without success, Boyer took the matter to court, demanding total compensation of 135 million francs for the final settlement of the site.

Human and material resources

The construction company firmly maintains that the accumulated delay is solely attributable to the Port, which took 58 days to move the shuttle Terevau from the Piti quay towards the Toru quay, in order to free up the space necessary for the work. The court found this situation justified, emphasizing that “this situation, due to a lack of anticipation, constitutes a fault on the part of the project owner”. During this period, the resources made available by Boyer, including a barge and its annexes, two cranes, a PTC, an oxy-cutting station, were immobilized, resulting in significant financial losses for the company. In addition, the immobilization of human resources was also the Source of significant costs. The construction company asked the courts that all these expenses and this shortfall be taken into account.

Furthermore, several additional operations generated additional costs, in particular the creation of reinforcements and beam connection nodes on the Toru quay due to the instability of the structure, modifications to the formwork plans, and the raising of the existing footbridge, for which Boyer is also seeking compensation.

The court ultimately ruled in favor of the plaintiff company, although by slightly reducing the sum requested for the final account of the construction site, estimating it at 399 million francs. The administration having already paid 284 million francs, it will have to pay an outstanding balance, according to the court’s estimate, of 115 million francs.

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