Director of Raphael Marija Možina in response to our questions, stated that the project documentation prepared by the Housing Fund of the Republic of Slovenia assumed that the excavated material would have to be treated as construction waste. As excavation showed that the main part of the excess excavation is clay and gravel, which according to the law are nonmetallic raw materials, it was necessary to obtain the appropriate concession decision and the payment of the concession fee.
At the meetings, Remec expressed a request to continue the work without consent.
Fund Director Črtomir Remec even if the Fund did not anticipate acquiring appropriate administrative acts, it would require them to continue their work: "As Črtomir Remec, MSc, on several occasions expressed his request that Rafael doo continue to work without obtaining relevant documents, we would like to point out that the excavation and removal of mineral resources without obtaining a concession is illegal."
That is, according to Mozin "Illegal mining operations that can result in damages and criminal liability."
"The withdrawal of the contract is therefore unfounded and, consequently, also the realization of the bank guarantee" the director of the contractor concludes.
The Housing Fund resigned from the contract with Rafael
Recall, the Resident Fund has resigned from the construction contract with Rafael because of his alleged violations and failure to comply with contractual obligations. They also initiated a procedure to obtain a bank guarantee. The Fund will now assess the damages and request repayment from the contractor.
Works in the Bairro Novo Brdo development, in which 18 buildings with 498 apartments are planned, of which 25 have 522 parking spaces, started in mid-July in July. In them, Rafael was supposed to carry out earthworks at the end of July and protect the construction well.
You can find Rafael's complete answer here.