1. Background

The design and works execution contract was signed with the construction company LIMAK on 31 January 2023 and governs the relationship between the parties, including the scope of the Project, delivery terms, penalties, payments, guarantees and other matters.

However, it is important to bear in mind that a contract cannot govern all the situations that may arise during the development of the Project. In this regard, and in the event that an issue is not expressly regulated in the contract with the construction company, the prevailing legislation will apply, which in this case will mainly be the Building Regulation Act 38/1999, of 5 November.

  1. Penalties

The penalties contemplated in the contract are established according to different dates and objectives. Failure to comply with them is subject to substantial monetary penalties, some of which are recoverable and some of which are non-recoverable.

As regards the risks derived from penalties related to failure to meet the delivery date, specifically the possibility of the awarded company finishing on time to avoid penalties but to the detriment of the quality of the materials, the Club has mechanisms in place to ensure that these risks do not materialise. More specifically, the execution of the work is under the control, firstly, of FC Barcelona as the owner and promoter of the project and, secondly, the Project Management, made up of the Site Management, the Site Execution Management and the Health and Safety Coordinator, who are responsible for the completion of the project. Specifically, the Site Execution Management, which assumes the technical function of directing the material execution of the work and of controlling the construction and quality of the buildings from a qualitative and quantitative point of view. Furthermore, there is also the figure of the Project Monitor who will certify to the investors, among other aspects, that the quality of the materials used is as specified in the project.

The means for resolving disputes established in the contract is through arbitration before the International Chamber of Commerce.

  1. Subcontracting

As far as subcontracting is concerned, the contract establishes the prohibition of total subcontracting, but partial subcontracting is accepted, provided that it is in agreement with the Project Management and FC Barcelona.

As regards the companies that will be subcontracted, this information will be made available to FC Barcelona as and when the company awarded the contract requests or informs of its intention to subcontract parts of the execution of the work.

Accordingly, FC Barcelona does not have any direct contractual relationship with the subcontracted companies, the contractual relationship is solely with the company awarded the contract.

Concerning the liabilities and guarantees of the subcontracted companies in relation to FC Barcelona, the company that is liable and that must provide the guarantees established in the contract before the Club, whether through its own actions or those of the subcontracted companies, is the company awarded the contract, in addition to the fact that the subcontracted companies are liable in accordance with the applicable legislation in force.

  1. Insurance

The Club has a comprehensive insurance policy that aims to mitigate all the risks derived from the entire renovation project of the new Spotify Camp Nou. 

It includes the necessary policies to protect the Club, both during the actual execution of the works (total contractor’s liability, developer’s liability, cyber risks associated with construction, marine cargo, etc.), and during the day-to-day running of the Club (general third party liability, material damages, general cyber risks, etc.).

This programme, developed by the Club and its insurance broker, has been presented and approved by Espai Barça investors. All the insurances are placed on the insurance market with world-class companies.

Força Barça