The Public Prosecution department (OM) has served writs of summons on Heijmans Infrastructure (and Environment) B.V. (holding of Heijmans N.V.) of Rosmalen and on three then members of the board of management of that company, one of whom is a member of the Heijmans executive board. The writs of summons are in connection with the Public Prosecution department's investigations into illegal preliminary consultations throughout the entire construction industry. The first hearing is scheduled for 5 October 2004.
Heijmans endorses the need for termination of practices such as those which took place throughout the industry up until 2001 and has adopted strict measures to prevent future contravention of the competition act: in November 2001 a declaration dossier, monitored by external accountants, was introduced in which every manager has to certify that every tender has been issued without any agreements or behaviour to restrict competition. Furthermore a code of conduct with a reporting structure was introduced and a code of conduct committee set up. In addition to this, Heijmans has adjusted its strategy to start focussing more on activities at the front and back-end of the construction value chain, where more than before the emphasis lies on competition on the basis of quality and knowledge. Heijmans wants to serve as a model for the rest of the construction industry for the cultural turnaround that is required.
Heijmans understands that, for confidence in the industry to be restored, the past has to be settled, but regrets that the behaviour of the entire construction industry (over 470 companies in the industry reported to the NMa (Netherlands Competition Authority) under the terms of the 1 May regulation) is projected onto a few people and companies.
In connection with the action being brought and out of respect for the judicial process, Ton Stuifzand, member of the Heijmans executive board, has decided to resign until further notice. Heijmans respects this decision and is providing for proper legal support for those on whom the writs of summons have been served.