The Chinese company Sinohydro Corporation Limited intends to file a claim in international arbitration for the termination of the contract for the reconstruction of the bypass road around Zhytomyr by the State Agency of Automobile Roads of Ukraine (Ukravtodor).
According to the company’s statement, Sinohydro considers it unfair that Ukravtodor, having failed to effectively fulfill its contractual obligations, unilaterally decided to terminate the contract, while the Dispute Settlement Council (created under the contract together with Ukravtodor in May 2020) is still considering disputes surrounding this contract and has already ruled on some of them, allowing Sinohydro to renew the contract.
Sinohydro says the untimely transfer of a land plot for public use by Ukravtodor, the introduction of a number of design changes not provided for in the contract, failure to fulfill payment obligations, as well as force majeure in the form of the COVID-19 epidemic and many other factors influenced the project schedule and led to a violation of the terms of work.
“Since June 2020, facing an unfavorable situation caused by the fact that Ukravtodor did not complete the interim payment for construction work on time, and the continuing impact of the COVID-19 epidemic, Sinohydro has advanced over EUR 5 million to meet its contractual obligations and reduce the delay,” the company said.
It is emphasized that in comparison with other sections of roads under construction in Ukraine at the same time, this project is being implemented at a rather fast pace and is already nearing completion.
“Under the circumstances, the Dispute Settlement Council decided on the first contract dispute initiated by Sinohydro in September 2020. It agreed to extend the contractor’s deadline for construction work by 87 days. However, when the Council began considering at least four disputes over damages to Sinohydro, Ukravtodor unexpectedly announced the termination of the contract,” the report says.
