"Univerzal" is now demanding four million due to the termination of the contract for the road Meljina - Petijevići

The company "Univerzal Monte" reduced the amount of compensation it is demanding from the state before the Commercial Court in the dispute regarding the construction of the Meljine-Petijevići road in Herceg Novi by 840 thousand euros, so the lawsuit is now worth four million euros. The lawyer of this private company Mladen Ivanovic he clarified that it is not a change, but that they reduce the amount of the claim for the value of VAT.

In addition, at yesterday's hearing in the Commercial Court, the deputy protector of property-legal relations of the state Slavica Laković she proposed an expert opinion from the economic and financial profession, in order to determine whether "Universal" suffered damage at all and how much.

Judge Vladimir Bulatović scheduled the next hearing for March 7, in order for the construction expert Jovica Radovanović who previously made a finding regarding the quality and value of the works at this location, gave time to express his objections.

Contract with the company, behind which stands a Serbian businessman Vuk Hamovic, which built the Meljine-Petijevići road in 2008 under an arrangement based on which it was supposed to use it for 20 years and return it to the ownership of the Municipality of Herceg Novi, was terminated by agreement on May 7, 2021, by the Government of the Prime Minister Zdravka Krivokapića, after which the toll on this section stopped being collected.

The government then tasked the Ministry of Finance to, according to the agreement, provide four million euros in the budget for the following year for the payment of compensation to "Univerzal Monte". That ministry, which was managed by the then current prime minister Milojko Spajic it didn't work. Instead, at the last session of the former Government in April 2022, it was concluded that this money should be paid from the budget reserve.

That obligation of the Government Dritan Abazović did not perform, but forwarded the documentation related to this business to the Special State Prosecutor's Office, while "Universal Monte" initiated a lawsuit against the state demanding the payment of four million plus VAT. The state responded with a counterclaim seeking annulment of the agreement.

Laković proposed that the economic and financial expert, by reviewing the agreement on the construction, operation and transfer (BOT) of the Meljine-Petijevići road, calculate the real damage that "Univerzal" suffered due to the termination of the BOT. When asked by Judge Bulatović what the damage that the expert should calculate consists of, Laković said that she would make a statement later.

Ivanovic emphasized that "Univerzal" is not seeking compensation for damages, but rather the fulfillment of the financial obligation established by the termination agreement, which, he claims, has all the elements of a contract. He explained that the amount of four million euros represents the previous investments of "Universal" and the lost future profit, due to the cessation of toll collection.

Judge Bulatović asked for an explanation, considering that they specify the claim to four million, for the remaining 840 thousand euros, they withdraw the claim or waive it, and Ivanović stated that the amount is being reduced and that it is not about changing the claim.

At the hearing, Ivanović also asked to read the evidence he submitted with the January 11 submission, i.e. the statements of the chief and responsible engineer of the rehabilitation project. Zvonka Tomanović, chief supervising engineer from the company "Bokatim" Boris Božović, the professor's opinion Selimir Lelović and the statement of the responsible person "Briv Construction". He asked for an expert opinion on the same.

Laković stated that she opposes it due to the principle of immediacy, while Judge Bulatović rejected this proposal. Ivanovic asked for additional time in order to submit these opinions in the objection to the expert report of Radovanović.