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By Jonathan M. Hicap, Reporter
The Manila International Airport
Authority (MIAA) has submitted the findings of its consultants on
the structural and design defects of the Ninoy Aquino International
Airport Terminal 3 to the two arbitration courts abroad to bolster
its defense.
Tirso Serrano, MIAA assistant
general manager for airport development, said the findings of TCGI
Engineers Co. and Ove Arup & Partners HK were submitted to the
Washington, D.C.-based International Center for Settlement of
Investment Disputes (ICSID) under the World Bank, and International
Chamber of Commerce in Singapore.
The Philippine International Air
Terminal Co. (Piatco) filed a $565-million claim on the NAIA 3
against the Philippine government with the ICC.
Fraport AG of Germany, a
shareholder in Piatco, filed a $425-million investment claim with
the ICSID in 2003 against the Philippine government to recover its
money that was spent in constructing the NAIA 3.
In March MIAA’s consultants
found major structural and design defects in the NAIA 3 and
recommended that the opening of the facility be postponed.
Ove Arup said the use of NAIA 3
“will expose user of the facility to life-safety risks.”
The TCGI added that the NAIA 3
structure did not comply with the original design and found that
“there are violations of code requirements on life safety issues,
specifically on the capacity of the facility to prevent structural
collapse and loss of lives in the event of a major earthquake.”
Ove Arup said deficiencies in the
structure of NAIA 3 should be addressed first before the terminal
can be used.
In a letter to MIAA, Takenaka
Corp., hired by Piatco to build NAIA 3, has denied responsibility in
the structural and design defects.
This has prompted the MIAA to
seek the advice of the Office of the Solicitor General on what
appropriate action to take against Takenaka. The MIAA has submitted
Takenaka’s letter to the OSG for action.
MIAA may file charges against
Takenaka to compel it to repair the NAIA 3 defects.
In a related development, the
Pasay court handling the NAIA 3 expropriation case will summon the
prequalified appraisers that will help in determining the actual
cost of the NAIA 3 property.
The court-appointed NAIA 3
Commission has submitted last month to Judge Jesus Mupas of Branch
117 of the Pasay Regional Trial Court its evaluation of the
appraisers.
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