Soud: Brno erred, the tender for the renovation of Villa Tugendhat is not in order

Brno - The Brno City Hall made an error in the selection process for the project documentation for the reconstruction of the Tugendhat Villa; it should have disqualified the winning consortium of companies due to non-fulfillment of requirements, which it did not do. The Regional Court in Brno today annulled two decisions of the Office for the Protection of Competition (UOHS), according to which the tender was in order. This decision upheld the lawsuit by three architects who finished second in the selection process. UOHS must review the tender again, but it can also appeal to the Supreme Administrative Court.
    The villa, which is on the UNESCO World Heritage List and has belonged to the city of Brno since 1994, has been awaiting a major renovation for several years. What exactly today's verdict means for the villa's reconstruction is unclear. UOHS is waiting for the written decision from the court. "So far, nothing more detailed can be said," stated UOHS Deputy Chairman Kamil Rudolecký. The City Hall will comment on the decision no sooner than Friday, said the mayor's deputy Miroslav Hošek, adding that the council today allocated 170 million crowns for the reconstruction.
    Architects Ludvík Grym, Jan Sapák, and Jindřich Škrabal requested the disqualification of the winning consortium of companies Omnia, Archatt, and Archteam from the selection process at UOHS. The companies did not have registered activities in the commercial register that would allow them to prepare the project. The necessary qualification prerequisites were only demonstrated by subcontractors hired by the companies.
    The antimonopoly office rejected the proposal twice. According to it, the evaluation of the contract was in accordance with the law, because it is sufficient for a company to document the qualification requirements of its subcontractor. In this case, there was no reason to exclude the selected candidate from the competition, according to UOHS.
    The legal representative of the architects, Petr Schlesinger, refuses this. According to him, both the city hall and the antimonopoly office violated the law. The Senate of the regional court confirmed this today. "The consortium of companies does not have legal personality; each member acts on their own. Therefore, it is essential that each of them submits a certificate of authorization on their own," stated Judge Jaroslav Tesák.
    The antimonopoly office can now file a cassation complaint with the Supreme Administrative Court. According to Rudolecký, however, UOHS will mostly agree with the decision of the regional court. "If the office recognizes the court's arguments, it will issue a decision. However, I cannot anticipate the outcome of the decision because this situation has not yet been addressed at the office," he stated.
    According to Hošek, the project for the reconstruction of the villa is already finished. The council today also approved the revised expenses for the reconstruction at 170 million. Initially, there was talk of 112 million, later up to 200 million. The amount now must still be approved by the October council, Hošek added. Afterwards, only the selection of a construction contractor remains. Hošek did not want to comment on whether the city hall would wait for UOHS's decision on the repairs.
    Almost everything in the villa will be repaired, including statically compromised foundations. Conservationists want to restore the villa from the 1930s to its original historical form. They plan, for example, handcrafted production of fittings, sinks, and other parts of the furniture strictly according to the original plans and with original materials.
    The Tugendhat Villa in Brno's Černá Pole was designed in 1928 by the world-renowned German architect Ludwig Mies van der Rohe. According to experts, the building is unique in its spatial conception, material selection, and interior design. After reconstruction, the building should have a similar character to Prague's Müller Villa.

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> The court will today review the UOHS verdict on the contract for the repair of Tugendhat Villa [27.9.2006]
> Brno councilors approved an increase in funds for the repair of Tugendhat Villa [8.9.2006]
> The repair of Tugendhat Villa will increase in cost due to fidelity to details [11.8.2006]
> The reconstruction of Tugendhat Villa is to begin in the fall [16.6.2006]
> Symposium MATERIALITY supported by Xella company [24.5.2006]
> Tugendhat Villa is awaiting repair; preparations to date are documented by an exhibition [15.5.2006]