*
Norway dropped NH90 contract in 2022 over delays and
reliability
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Oslo had claimed over $3 billion from Airbus-led
consortium
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Settlement avoids rare public court trial in defence
industry
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NH90 has been plagued by criticism over delays and
maintenance
(Recasts with extra context and background throughout)
By Terje Solsvik, Gwladys Fouche and Tim Hepher
OSLO/PARIS, Nov 3 (Reuters) - Norway and a trio of
European aerospace manufacturers agreed on Monday to settle
mutual claims for damages after the NATO nation axed an order
for delayed NH90 submarine-hunting helicopters, heading off a
potentially awkward defence industry trial.
NHIndustries and owners Airbus, Leonardo
and GKN Fokker agreed to pay 305 million euros ($355.7 million)
on top of 70 million already paid and take back the mothballed
helicopters and parts, the two sides said in a joint statement.
That is a fraction of the 2.86 billion euros Norway had
claimed, part of which was meant to cover the cost of buying
U.S.-made replacements, but the companies agreed as part of the
deal to drop their own damages claim for 730 million euros.
SETTLEMENT AVOIDS TRIAL OVER NH90 SUB-HUNTING HELICOPTERS
The settlement, confirming a deal reported earlier by
Reuters, came one week before the scheduled start of five months
of Oslo hearings in what was seen as an unusually sensitive case
as NATO rearms to counter submarine threats in Europe's north.
Norway is NATO's monitor for a 2 million square kilometre
(772,000 square miles) area of the North Atlantic. Russia's
Northern Fleet has its base on the Kola Peninsula, an area in
the Arctic bordering Norway.
The NH90 army and navy helicopter first flew almost 30 years
ago and is one of Europe's flagship arms projects. It boasts the
first fully computerised controls for a military helicopter but
has been plagued by criticism over delays and maintenance.
The settlement ends a procurement saga which has dragged on
for almost a quarter of a century since Norway ordered 14 NH90s
in 2001 to provide a unified coastguard and naval frigate fleet.
In 2022, Norway said it would cancel the NH90 over delays
and maintenance problems and seek a refund from the consortium,
which called the move "legally groundless". In 2023, Sweden
threatened to follow suit and Australia sped up the retirement
of its own fleet.
The Norwegian defence ministry has said deliveries should
have been completed by the end of 2008 but that it faced more
than a decade of delays and missing parts, hampering operations.
NORWAY CLAIMS NH90 PROBLEMS WERE "ALMOST UNPARALLELED"
Preparations for a much-anticipated public trial starting on
November 10, including arrangements for handling classified
material, had pushed ahead after attempts at mediation failed.
Although some hearings were expected to be held behind
closed doors, the case was set to expose significant shortfalls
after a state filing called NH90 problems "almost unparalleled
in any other contract for the manufacturing of military
equipment".
The first partially completed helicopter was delivered six
years late and it was not until 16 years after the contract was
signed that the first fully operational aircraft was deployed -
12 years behind schedule, the government said in its complaint.
By the time the contract was cancelled in 2022, Norway was
on average getting 100 flight hours per year out of its NH90
helicopters, compared with a target of 400 per year, it added.
Norway's claim had included 2.1 billion euros to cover the
purchase of replacement Seahawks from Lockheed Martin's ( LMT )
Sikorsky, according to the filings reviewed by Reuters.
In its counterclaim, NHIndustries acknowledged that the
project had faced difficulties and partially blamed delays in
agreeing specifications. Norway's requirements include operating
reliably in harsh weather along Europe's longest coastline.
But it called the size of the claim "shockingly inflated"
and noted that some of the helicopters had been used for years.
NHIndustries has said it has turned the corner on the
availability of NH90 support and is preparing upgraded versions.
($1 = 0.8575 euros)