Parliamentary Committee of Inquiry into the Elbphilharmonie

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The parliamentary committee of inquiry "Elbphilharmonie" (short: PUA Elbphilharmonie ) of the Hamburg citizenship has the task of clarifying the cost development and responsibilities in the Elbphilharmonie construction project and of reporting to parliament how disproportionately high cost increases to the detriment of the city can be prevented in large construction projects.

Article 25 of the Hamburg Constitution in conjunction with the provisions of the law on the investigative committees of the Hamburg citizenship forms the legal framework for the work of the investigative committee .

PUA Elbphilharmonie in the 19th electoral term

Peter Tschentscher, SPD: Chairman of the Elbphilharmonie investigative committee in the 19th electoral term

The first PUA Elbphilharmonie was unanimously set up in the 19th electoral term on May 5, 2010 by the Hamburg parliament , at the request of the SPD parliamentary group . It was the 40th committee of inquiry since 1946 and its task was to clarify the cost development and responsibilities in the Elbphilharmonie project and to report to parliament how to prevent disproportionately high cost increases to the detriment of the city in large construction projects.

The committee was made up of eleven members, five of them from the CDU parliamentary group ( Jörn Frommann , Jörg Hamann , Hans Lafrenz , Brigitta Martens , Rolf Reincke (until September 2, 2010)), four from the SPD parliamentary group ( Rolf-Dieter Klooss , Martina Koeppen , Christel Oldenburg and Peter Tschentscher as chairmen), Horst Becker from the GAL parliamentary group and Norbert Hackbusch from the Die Linke parliamentary group . Tschentscher was the driving force behind the establishment of the investigation committee and gave up his membership in the investigation committee HSH-Nordbank .

On May 12, 2010, the investigative committee met for its constituent meeting and by January 5, 2010, ten witnesses were heard in twelve sessions, and a visual inspection of the construction site of the Elbphilharmonie was carried out. The committee was chaired by the SPD finance politician Peter Tschentscher . The following witnesses were heard by the committee:

  • Hartmut Wegener (September 2, 2010)
  • Volkmar Schön (September 17, 2010)
  • Alexander Gérard (October 19, 2010)
  • Dieter Becken (October 19, 2010)
  • Hartmut Lohr (November 4, 2010)
  • Jochen Margedant (November 19, 2010 and January 5, 2011)
  • Axel Gedaschko (November 19, 2010 and January 5, 2011)
  • Reinhard Stuth (December 14, 2010)
  • Lothar Ruf (December 14, 2010)
  • Heribert Leutner (January 5, 2011)

The Hamburg Parliament has decided the premature end of the legislative term on December 15 of 2010. The resulting new elections on February 20, 2011 meant that this committee of inquiry fell victim to discontinuity . For this reason, the investigations could not be completed and not all witnesses could be heard and files evaluated. The committee decided to draw up a progress report on the basis of the investigations carried out so far. This is published as printed matter 19/8400.

PUA Elbphilharmonie for the 20th electoral term

At the end of the 19th electoral term, on February 9, 2011, the majority of the Hamburg parliament recommended the new parliament to “continue the work of the Elbphilharmonie Parliamentary Committee of Inquiry with the beginning of the next legislature”. Already at its 4th meeting on April 14, 2011, the newly elected citizens followed this recommendation and reinstated the Elbphilharmonie Committee of Inquiry with the majority of votes from the SPD , GAL , FDP and the DIE LINKE parliamentary group against the votes of the CDU .

The constituent meeting of the second parliamentary committee of inquiry "Elbphilharmonie" took place on April 19, 2011. The committee has a total of eleven members, six from the SPD , two from the CDU and one representative each from GAL , FDP and DIE LINKE . The SPD deputy Ole Thorben Buschhüter was elected committee chairman and the SPD deputy Andrea Rugbarth was elected deputy committee chairman .

Investigation order: reasons for the duration and costs of the project

The research order is:

"The behavior of the authorities, offices and agencies of the city and the politically responsible persons on the Senate side as well as public companies and holdings, such as ReGe Hamburg Projekt-Realisierungsgesellschaft mbH (ReGe) and Elbphilharmonie Hamburg Bau GmbH & Co. KG ( Bau KG ). The committee of inquiry should clarify

  • What are the causes of the cost development for the city, whether parliament and the public have been properly informed,
  • who is responsible for the development of costs and the information of parliament and the public on the Senate side and
  • which measures or precautions are to be taken in the future in order to create a sufficient and truthful basis for decision-making for parliament in large construction projects, to ensure good project management and to prevent disproportionate cost increases to the detriment of the city. "
- Printed matter 19/5984 :

Die Welt criticizes the fact that the committee did not have to clarify the question of why none of the political groups had made themselves sufficiently informed before the Elbphilharmonie deals.

research object

View over the Sandtorhafen to the west, to the construction site of the Elbphilharmonie (April 2010)

The subject of investigation is the course of the construction of the Elbphilharmonie in HafenCity, which was unanimously approved by all parliamentary groups on February 28, 2007 .

According to a (non-binding) feasibility study, it should originally cost the city 114 million euros and be completed in 2010. Since then, the costs have risen to 323 million euros, the contractor Adamanta KG is asking for a further 22 million euros (as of May 2010). Completion is now only expected for 2013. The PUA should clarify how the delay and the increase in construction costs came about, as well as the causes and backgrounds of the increase in costs in the construction of the concert hall.

In spring 2010, Hochtief presented a new schedule according to which the opening of the concert hall in HafenCity was postponed to 2013.

A schedule presented in spring 2011 even speaks of completion only at the end of 2013.

Cost increase

Development of the cost estimates for the Elbphilharmonie in millions of EUR

In December 2006, the sum of 114 million euros as a flat-rate price was negotiated. According to the project coordinator in 2006, there were planning changes for the major project only in the event of a subsequent change in the planning by the client, i.e. by us . a. the installation of the third concert hall, the gross floor area increased by 43% from 84,000 m² to currently 120,000 m².

The most important subsequently agreed cost increases:

  • 2007: increase by 1 million euros
  • 2008: increase of 137 million and delay of 19 months

Between the feasibility study and the current status of the project, the project costs tripled from originally EUR 150 million in 2003 to currently EUR 450 million. The construction costs have increased significantly more than the floor area, namely by a total of 86%.

One of the reasons for this, which should now be clarified in the PUA, could be that it was a contractual error in the rules of the ReGe with Hochtief and the architect that "the scheduling that the contractor has in the contract [...] is not the [ war] that the architect has in the contract. That was one of the cardinal errors that can unfortunately be found in the original contract, ” said Leutner. Hochtief denied responsibility for this delay.

Contractual relationships between the parties involved

Organizational model Elbphilharmonie from Drs. 18/5526 p. 16 of the Hamburg Citizenship The
property company is Adamanta , the construction company is Hochtief Construction

On April 7, 2010, the city filed a lawsuit with the Hamburg Regional Court to force the subcontractor Hochtief AG to fulfill the obligation to “contractually guaranteed, binding scheduling” . Hochtief denied that he was responsible for this delay and in April 2010 filed a lawsuit against the expert in order to force him not to repeat certain statements from an interview with Spiegel-Online.

The investigation by the committee of inquiry could be made more difficult by the fact that the contracting parties have committed themselves to silence.

In the following, the actors and their involvement in the construction as well as the points of criticism that they are accused of are briefly presented.

Project management

The urban realization company ReGe Hamburg bought the project idea for the city of Hamburg from the two project developers Alexander Gérard and Dieter Becken and created the contracts. She should manage the construction.

The ReGe manages the business for the Elbphilharmonie Hamburg Bau GmbH & Co. KG (short: Bau KG ) as (liable) general partner , of which the City of Hamburg is limited partner .

The managing directors of ReGe and Bau KG are Heribert Leutner (Elbphilharmonie project manager from 2004 to 2007 and management spokesman since 2008) and Dieter Peters. Hartmut Wegener was the management spokesman until September 17, 2008 . The ReGe supervisory board consists of Senator a. D. Carsten Frigge (Chairman, Finance Authority , previously Finance Senator Michael Freytag ), Peter Becker , State Councilor Peter Wenzel ( Authority for Economy and Labor ), State Councilor Nikolas Hill ( Authority for Culture and Media ) and State Councilor a. D. Stephan Hugo Winters ( Authority for Urban Development and Environment ) (as of December 2010).

State councilor Volkmar Schön was chairman of the supervisory board of Bau KG until September 2008 , after which the supervisory board was formed from Johann C. Lindenberg (chairman), Wilhelm Friedrich Boyens , Hans Hinrich Coorssen , Eckart Kottkamp , Jens-Ulrich Maier , Horst-Michael Pelikahn , Nikolas Hill.

Bau KG has signed the contracts with the general planners Herzog & de Meuron , Höhler und Partner, Adamanta KG, Skyliving KG, Hochtief and the two Landesbanken HSH Nordbank and Bayerische Landesbank . She is in an "eternal dispute" with the general contractor Hochtief "over the questions of who has to present which plans to whom, when, so that construction can continue as quickly as possible" . The number of employees for the Elbphilharmonie project has been increased from six to 15 after Leutner took office, while Herzog & de Meuron employ 55 people for this project.

Hartmut Wegener was the first to be summoned. In his interrogation on September 3, 2010, he mainly blamed Hochtief and the architects for the delay in construction. It was not until late that he realized that they were not interested in fast construction, but that Hochtief was interested in earning by delaying construction and Herzog & de Meuron only in their reputation. He himself sees no guilt and blames his subordinate at the time, Heribert Leutner, for the fact that the links between construction work and the architects had not been regulated and that Leutner had resigned for no reason before the foundation stone was laid. Wegner admitted to having miscalculated massively in 2007, but also to consider that the cost increase from originally 241 million to now 323 million was caused by the city's subsequent request to build a third concert hall.

Architects as general planners

Star architects Herzog & de Meuron are responsible for the design and its implementation, but obviously did not have a joint scheduling with the construction company Hochtief for a long time .

The general planning is not to be confused with the execution planning. Herzog & de Meuron, for example, are only responsible for the design and approval planning of the Great Hall, around 20% of the planning. The implementation planning in steel and concrete construction is the responsibility of Hochtief. In addition, the implementation planning is divided between the general planner and the executing company.

Pierre de Meuron comments on the quality of the problems at the Elbphilharmonie:

"I have never experienced problems like the ones here in my career."

- Pierre de Meuron :

Construction work

Elbphilharmonie gutted down to the foundation walls of the former warehouse

The Adamanta KG, a joint venture of Hochtief Construction AG and Commerz Leasing is the construction services (and some marketers). It is supposed to guarantee the construction, the financing, the functional guarantee and the building management.

The Hochtief Group is entrusted with the construction work and is itself an investor. In a press article it was said that he was pushing the building owners with notices of change and obstruction without land and that he was delivering poor quality himself, such as speckled exposed concrete in the parking garage and “spilled concrete on the historic Kaispeicher facade” .

This criticism was corroborated by a test report by the architects. After that, there are safety defects in load-bearing parts.

The CEO of Hochtief, Herbert Lütkestratkötter, denies that there have ever been any security-related problems, but admits "deficiencies and deviations from the planning", but also announced that "all points will be ... fixed with a high quality standard".

Jens Kerstan calls Adamanta a "grasshopper" and accuses her of knowing when the order was placed that 60 percent of the planning was not yet ready for construction. The group should have known from the start that the offer price was insufficient. Hochtief would have counted on the fact that they "could then plunder the city with the help of their legal department."

The architects say that the claim management of the construction work is more brutal than they have ever seen it before. The "thicket of obstruction and delay notifications" due to additional demands, complaints and lists of defects leads to 20 to 40 letters a day, which affects the motivation of employees on all sides.

Pierre de Meuron considers the deficiencies to be serious and complains about the lack of evidence and measurement protocols. Without immediate intervention, the problems with the concrete work on the large hall could lead to acoustics and, in the worst case, to the statics . at some point can no longer be remedied. Of the 78 spring packs installed by May 17, 2010, at least 30 were defective. 26 of them were doubled up too high, three mounted at an angle and one was twisted. In addition, there are spring packages that have been stored improperly and which are likely to cause consequential damage. Hochtief, on the other hand, only considers it necessary to readjust three spring assemblies. In addition, the architects discovered several cavities in the concrete shell through spot checks, which endanger the sound insulation. To rule out further defects, they request an ultrasound examination.

financing

The two Landesbanken HSH Nordbank and Bayerische Landesbank are to guarantee the financing .

Marketing and Operation

Adamanta KG leases the hotel to the Arabella Sheraton Group, the parking garage to the Apcoa Group and the catering to Nordmann Gastronomie Management.

Skyliving KG is owned by Quantum Immobilien AG and Hochtief Construction AG and is to market the planned 43 apartments.

The concert hall is to be owned and operated by the non-profit Hamburg Musik gGmbH, in which the Elbphilharmonie Foundation has a 4.8 percent stake. Private funds are raised through the foundation.

Individual evidence

  1. ^ Constitution of the Free and Hanseatic City of Hamburg. Retrieved February 18, 2011 .
  2. ↑ Law on the committees of inquiry of the Hamburg citizenship. Retrieved February 18, 2011 .
  3. ↑ Printed matter 19/5984. (PDF) Application of the SPD: Establishment of a committee of inquiry "Elbphilharmonie". In: Parliamentary Database. Hamburg Citizenship, April 21, 2010, accessed on February 18, 2012 .
  4. ↑ Printed matter 19/8400. (PDF 3.23 MB) Status report of the “Elbphilharmonie” parliamentary committee of inquiry. In: Parliamentary Database. Hamburg Citizenship, January 11, 2011, accessed on February 18, 2012 .
  5. ↑ Printed matter 19/8674. (PDF) Motion from the DIE LINKE parliamentary group: PUA Elbphilharmonie to continue in the 20th legislative period! In: Parliamentary Database. Hamburg Citizenship, February 9, 2011, accessed on February 18, 2012 .
  6. ↑ Printed matter 20/164. (PDF) Application by the SPD, GAL, FDP, DIE LINKE parliamentary groups: reinstatement of a “Elbphilharmonie” investigative committee. In: Parliamentary Database. Hamburg Citizenship, April 11, 2011, accessed on February 18, 2012 .
  7. ^ Report of the parliamentary committee of inquiry "Elbphilharmonie". (PDF) Hamburger Bürgerschaft, April 3, 2014, accessed on February 10, 2017 .
  8. ↑ a b c d Printed matter 19/5984 - Application for the establishment of a committee of inquiry "Elbphilharmonie" from April 21, 2010, accessed on June 6, 2010
  9. ↑ a b c d e Uli Exner: Topping-out ceremony for a world wonder. In: Welt am Sonntag . May 16, 2010, p. 6 , accessed on May 16, 2010 : "The committee, on the other hand, does not have to clarify the question of why none of the political groups involved in the Elbphilharmonie resolutions made themselves sufficiently informed before the votes"
  10. ↑ That should clarify the investigation committee. In: Hamburger Abendblatt . May 14, 2010, p. 8 , accessed May 15, 2010 .
  11. ↑ Peter Hinrichs: Lighthouse project is examined - the investigative committee for the Elbphilharmonie begins its work. In: The world . May 14, 2010, accessed May 15, 2010 .
  12. ↑ a b ddp.nrd: The citizenship sets up a committee of inquiry into the Elbphilharmonie - the political responsibility for the undesirable development should also be clarified. (No longer available online.) Formerly in the original ; Retrieved May 7, 2010 .  ( Page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Dead Link / www.open-report.de  
  13. ↑ spiegel.de: Elbphilharmonie debacle - Prestige building will be finished later. March 17, 2011, accessed April 2, 2011 .
  14. ↑ Petra Schellen: Glass monster eats 500 million. In: taz . November 27, 2008, accessed January 4, 2016 .
  15. ↑ Hamburg Citizenship : Drs. 18/5526.
  16. ^ Addendum 1 in Hamburg Citizenship : Drs. 18/6905 , p. 2.
  17. ↑ So-called supplement 4 . (The addendum 3 was not legally binding) in Hamburgische Bürgerschaft : Drs. 19/1841 , p. 3 and 4.
  18. ^ NDR.de, accessed April 7, 2010
  19. ↑ Construction delay - City sued Hochtief over Elbphilharmonie. NDR , accessed April 28, 2010 .
  20. ^ NDR.de, accessed April 7, 2010
  21. ↑ Construction delay - City sued Hochtief over Elbphilharmonie. NDR , accessed April 28, 2010 .
  22. ↑ Hochtief is suing experts. In: Hamburger Abendblatt. April 25, 2010. Retrieved April 25, 2010 .
  23. ↑ Interview with Elbphilharmonie reviewer. In: Spiegel Online. March 22, 2010. Retrieved April 25, 2010 .
  24. ↑ a b c d e f g h Uwe Bahnsen: An extremely complicated construction site. May 21, 2010, accessed May 23, 2010 .
  25. ^ On the person of Heribert Leutner in Hamburger Abendblatt from April 16, 2010.
  26. ↑ Senator von Welck introduces new ReGe management , ReGe. October 2, 2008. Archived from the original on August 8, 2014. Retrieved May 15, 2010. 
  27. ^ Free and Hanseatic City of Hamburg: Hamburg's Public Enterprises. Participation report 2008 ( memento of October 11, 2010 in the Internet Archive ), (PDF; 7.5 MB) page 115 ff.
  28. ↑ Supervisory Board of the ReGe , accessed on December 4, 2010
  29. ↑ How the Elbphilharmonie caused another scandal, Hamburger Abendblatt from September 8, 2012
  30. ↑ Bad planning of a landmark, DIE WELT of January 24, 2010
  31. ^ "The competence was not enough" , Hamburger Abendblatt. September 19, 2008. 
  32. ↑ Jens Schneider, Ralf Wiegand and Till Briegleb : Built close to the water . In Süddeutsche Zeitung of May 22, 2010, page 4, column 2.
  33. ↑ Petra Schellen: Diplomat on the witness stand. In: the daily newspaper (taz Nord) of September 3, 2010 number 9282, page 24 (Hamburg Aktuell).
  34. ↑ a b c d Jan Haarmeyer : More than just a sound problem: Architects of the Elbphilharmonie complain about construction defects in the Great Hall that "affect the acoustics and, in the worst case, the statics" in: Hamburger Abendblatt dated June 4, 2010, Local p. 7.
  35. ↑ Martin Kopp and Katja Engler: Elbphilharmonie architects denounce construction defects: test report lists safety failures and faulty designs - Von Welck reacted irritably before today's crisis summit. In: The world . May 17, 2010, accessed May 18, 2010 .
  36. ↑ Hochtief boss: "No security-related problems". Retrieved May 20, 2010 .
  37. ↑ FOCUS , 20/2010, May 17, 2010, page 69, right column
  38. ↑ Jens Schneider, Ralf Wiegand and Till Briegleb: Built close to the water . In Süddeutsche Zeitung of May 22, 2010, page 2, column 2.
  39. ↑ a b Jens Schneider, Ralf Wiegand and Till Briegleb: Built close to the water . In Süddeutsche Zeitung of May 22, 2010, page 3, column 2.
  40. ↑ quoted from Jan Haarmeyer: Sagen, what ist geht: A comment by Jan Haarmeyer in: Hamburger Abendblatt from June 4, 2010, Local p. 7.