Since August, the Macarena Fraternity has Legal report Entrust the law firm Nertis ETL Global to find out Legal actions that can be taken against Arquillo After the failed and controversial intervention … Virgin of Hope last June. This report includes an alleged breach of contract by the person responsible for the work, who went beyond the agreed content – a conservative treatment of the image – opening the door to He filed a civil suit against Arquillo To obtain compensation, although the Brotherhood does not want to resort to this path at the present time, but rather prefers to negotiate.
However, as sources from Nertis ETL Global, the office responsible for the report, indicate to this newspaper, it will not be permanently closed until the image returns from its restoration by Pedro Manzano to add some extra detail. New conclusions include all damages To the image that has been approved by both the governor and the latest tests carried out on the size, among them the latest CT scan and hypoxia. In this way, all differences between what was agreed with the Arquillo team before the work and what was finally accomplished will be reversed.
It should be remembered that in addition to actions performed on the image that are not included in the contract, The diseases he suffered from were not diagnosed The same, was later revealed by Manzano himself and the specialists of the Andalusian Institute of Historical Heritage (IAPH) after their detailed studies of the image, such as the structural crack caused by the carving or attack on the wood.
Faced with this situation, Madrugada Two months immersed in negotiations With the Research Foundation of the University of Seville (FIUS), the institution with which the intervention contract was signed, as well as with the restorer – in this case, David Arquillo, the person in charge of it.
These negotiations are conducted, to avoid resorting to court, through… Appropriate Means of Dispute Resolution (MASC)It is a mechanism aimed at resolving disputes without jurisdiction, in a more flexible, economical and voluntary manner that is implemented between interested parties “acting in good faith and seeking a solution” that satisfies the interests of both parties, as the Ministry of Justice explained.
The law known as the Bolaños Law (Law No. 1/2025 on Judicial Competence) represents mandatory The previous step is through MASC to open an alternative dispute resolution to initiate a lawsuit. If this negotiation tool fails, it must be proven to the judiciary that the attempt was made.
The Brotherhood does not intend to obtain financial compensation, but rather to explicitly acknowledge the damage to the image
Although the Arkio team was paid €10,500 for the work done on the three images, the board’s goal in these talks is not to obtain financial compensation, but rather to obtain financial compensation. Explicit recognition of specific damages Cause the photo in action. FIUS would be willing to recognize him, but not Arquillo, who has been absent from the meetings and refuses despite knowing about the negotiations.
The Brotherhood does not want to condemn FIUS, which has been at its disposal for years and has also cooperated at all times in this operation that opened in the summer. If Arquillo doesn’t agree to admit damages, that could be the next step File a civil lawsuit In the courts of first instance Breach of contract due to negligence Or for damage caused by omission, although the current board would prefer not to have to go that far.
Although the decision taken by the Brotherhood is still hanging in the air because Election hall on Sunday. The candidate elected from among the three presented, once in office, is the one who will decide how to act from now on. The new board can continue negotiations until Arquillo is forced to surrender, go directly to court to file the lawsuit, or even request a new legal report.