A ruling from the Contentious Court number 4 of Alicante obliges the City Council of said city to now pay for out-of-contract work entrusted to the company awarded the installation of the Christmas lighting in 2016, under the mayorship of the socialist Gabriel Echávarri, during the of government of PSPV-PSOE, Guanyar and Compromís.
Specifically, the judicial decision upholding the claim filed by the company based on the administration's theory of unjust enrichment, considering that debts for services rendered must be settled to avoid undue benefit.
According to the ruling, the sum owed amounts to 13,975.66 euros for the placement of more than 60 lighting arches not initially contemplated in the specifications by which the tender was resolved, and interest must be applied to that amount, in addition of the payment of the procedural costs that the judge also imposes on the City Council.
The head of the court considers it proven that the company awarded the installation of the lights carried out the work foreseen in the specifications "without any problem, paying for the services provided" in accordance with the rules of the contest.
However, he adds that the position of trust that, in 2016, he held as an advisor attached to the Department of Commerce commissioned extraordinary lighting "at the direction of the then mayor, Gabriel Echávarri", so that the ornamental lighting on other different streets could be reinforced.
The judge considers it proven that these extra jobs were carried out, based on the statements of two workers from the plaintiff company. However, she adds that they were not paid at the time.
Furthermore, the ruling - against which there is no appeal - emphasizes that the placement of this additional lighting was also proven from the emails sent to the company, as well as the sketches presented of the lights to be installed.
Finally, it also highlights that the municipal advisor of the council that Echávarri assumed directly admitted the authorship of the WhatsApp messages exchanged with the representative of the lighting company, in which the commission of these extraordinary works not paid until now.
