Had to go for Munch-litigation: - Disorderly rolleblanding

In October 2018 went earlier OBOS-chief Martin Mæland of the chair of Culture and idrettsbygg Oslo.

the Background is a lawsuit against the municipality of Oslo from nextera energy Entrepreneur AS, where Mæland also has served as chairman of the board since 2009. At the forefront of the action set therefore Maeland as chairman of the board on both sides of the conflict.

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Of the documents that the Newspaper has disclosed, it revealed that the lawsuit comes in conjunction with the construction of the new Munchmuseet in Bjørvika.

It's going to put Oslo on the world map, said earlier kulturbyråd Hallstein Bjercke, when the first spadetaket was taken in september 2015, after years of planning.

The new home for the "Oslo municipality's unique collection of Munch's art," is expected to cost 2,76 billion, and is scheduled for completion in 2019.

Dispute about the final settlement

nextera energy has received a aggregate of the two contracts in connection with the construction of the new Munchmuseet:

In 2015 signed a contract worth 215 million. This included the ground - and fundamenteringsarbeidene.

a Year after it signed a new contract worth approximately nok 200 million. This included, amongst other things, steel structures, formwork, concrete and reinforcement.

In connection with the latter contract, there was disagreement about sluttoppgjøret. This has led to the Pavement now have announced lawsuits against the Culture and idrettsbygg.

the Newspaper has, however, not disclosed in the Veidekkes requirements, and neither the Pavement or Culture - and idrettsbygg want to disclose how much money it is.

Declared itself incompetent

Former chairman of the board in the Culture and idrettsbygg, Martin Mæland, tells us that he was called up by commissioner for industry and ownership in the municipality of Oslo, Terje Lund (Ap), immediately when the Pavement notified about the lawsuit in 2018.

- I knew that there was a dispute, but I did not know that the Pavement would go to the legal action. When byråden informed me about this, so I went of course, " says Mæland to the Newspaper.

As chairman of the board would Mæland basically have got reports on all projects at each board meeting, but then there was discussion about the sluttoppgjøret, he chose to declare himself incompetent.

DID NOT know: Martin Mæland says he did not know about the lawsuit before byråden oriented him about it. Photo: NTB Scanpix Show more

According to director Eli Grimsby in the Culture and idrettsbygg, reported Mæland himself incompetent in early 2017.

Since he has not been referred to the papers or information about the construction of the new Munchmuseet, says Mæland.

Grimsby says that Marit Ektvedt Kjær served as chairman of the board during consideration of matters about Munchmuseet when Maeland declared itself incompetent. She took over then as chairman when he retired in 2018.

- Incompetent prior to the conflict

a Lawyer and an expert on public procurement, Marianne Dragsten, believe Mæland should declared itself incompetent in the past.

So long as the board of directors of Culture and idrettsbygg treated a contract with nextera energy, was Maeland as incompetent before the conflict arose, she says to Dagbladet.

Dragsten believe it is equally important for Culture and idrettsbygg to act trusty that it is that the road surface has not received the benefits of Mælands position.

- In this case, it is important that Maeland resigned from in all situations where his role as chairman of the board for both parties could have something to say.

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Mæland stresses that it is the administration in the Culture and idrettsbygg who chose the Pavement as an entrepreneur, and not the board.

- the Board's task was to follow the development of the project, to see that it held promised progress and budget, and if necessary intervene if that were not the case, " he says.

Ba Mæland go

Byrådsavdelingen confirms that the Mæland has not participated in the board treatment of the new Munchmuseet in the Culture and idrettsbygg since it was clear that there had been a conflict between them and the Pavement.

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When the Pavement warned legal action against the municipality of Oslo, I asked the Mæland step down as chairman of the board. It is important that the whole board can participate in the assessment in this case. It must also not be able to be questioned by the board or the chairman's independence, writes the commissioner Kjetil Lund (A) in byrådsavdelingen for industry and ownership in an email to Dagbladet.

He says Mæland agreed with this assessment.

at the same time he stresses that Mæland was elected to the board of directors of the previous city council in June 2015.

type of road surface do not want to comment on the case to the Newspaper.

This is a case of a process between Culture and idrettsbygg and us, so we do not want to comment on this further, the printer communication manager Helge Dieset of Veidekke in an email to Dagbladet.

- Inconsistent roles

Robert Myhre is an expert on public procurement and attorney Myhre & Co Advokatfirma. He is critical of Mælands dobbeltrolle, even though there is no apparent violation of habilitetsreglene in the public administration act

- The fundamental problem here is that this rollekombinasjonen need to do the that he very often comes up in the habilitetsproblemer, because it is about decisions that directly or indirectly affect the Pavement in the future. It makes him a very little of the acting chairman of the board, " says Myhre to the Newspaper.

egg of columbus for Munch-conflict

He also believes that Mælands role may have influenced the Culture and idrettsbyggs handling of the dispute with the Pavement.

in General one can see that nextera energy will receive better treatment in disputes, than they would have received if he had not had the role he had in the Culture and idrettsbygg, simply because you want to keep a good tone with its own chairman. Such a set is the actual role a little inconsistent in such a situation, " he says.

It is this indirect influence Myhre believes is problematic.

- You run the risk of that Culture - and idrettsbygg as such is more forgiving with the requirement in relation to the Pavement. It is obvious that the dobbeltrollen can affect the attitude of the employees in the Culture and idrettsbygg when to deal with the conflict, regardless of the access he has had to take direct decisions.

Myhre believes that Mælands dobbeltrolle open for many questions, although it is difficult to point to enkeltbeslutninger where it could have led to disqualification.

The rolleblandingen as such creates a very messy situation.

Ineffective

mr. Myhre is also critical of the city council, who chose Maeland as chairman of the board in the first place.

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- It is a very unnecessary situation. This was in the cards when the city council appointed him as chairman of the board. I don't know what they were thinking then. Having such a key player in the industry as chairman of the board, is a very ineffective way to put together a board, " he says.

He believes the city council should though that inhabilitetsproblematikken would show up in almost all procurement and reviews of the projects.

It is obvious that such control should be put together in such a way that one encounters such problems as rarely as possible, " he says.

Myhre believes that it is difficult to assess whether Mæland has been incompetent.

But it is an indirect dobbeltrolle that is incompatible in such a situation. It is impossible to have a chairman who all the time need to be put out of the game, and must have a deputy to deputise in the place.

Mæland has been given to Their criticism referred to. He calls it "theoretical".

He says "if about eight if eight", so one can take part in, or influence. The reality is that I have not known anything about these matters, and has not discussed the Munchmuseet with neither Culture - and idrettsbygg or Pavement. I have either been involved or informed, " says Mæland.

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