Case Q-7841/13 Entity addressed: Portuguese Roads Concessionaire (Infraestruturas de Portugal) Date: 2016.12.13 Subject: Public works contracts. Losses. Responsibility of the construction owner Status: Waiting for reply A complaint was lodge to the Ombudsman against the Portuguese Roads Concessionaire concerning the damage suffered by building’s owners due to the construction of the highway IC2 – South Road of Coimbra, and the delay in the reimbursement procedures. Investigations were promoted and the Portuguese Roads Concessionaire confirmed having received several complaints which were submitted to the builder (a foreign company) for assessment further contact with the complainers. However, the builder submitted the complaints to the insurance company. Considering no solution had been found by the companies involved and the Portuguese Roads Concessionaire argued it had only powers to supervise the construction works and to notify the builder of the claims received, the Ombudsman addressed a remark to Portuguese Roads Concessionaire in order to engage in finding a fair solution. According to the public works administrative contract, although the builder is in charge of the construction works, the construction owner remains responsible for its supervision and direction, on behalf of public interest. The builder is essential to ensure the construction works. Nevertheless, the Administration is fully responsible before the community for the successful completion of works and for guaranteeing public security. The Ombudsman sustained that if damages in private buildings were caused during public activities – such as the construction of a highway – the public entity involved could (and should) be civilly liable for damages resulting from the action of agents during the fulfilment of their duties to carry out such construction works. In accordance with the principle of justice, the Ombudsman recalled the Portuguese Roads Concessionaire that the owners of damaged buildings had been given expectations of receiving compensation for damages, which made unacceptable to invoke the prescription of their rights. • 114 |