March 28 Main results of the day

And again a victory in appeal! The Ninth Arbitration Court of Appeal upheld the decision of the first instance court, which completely rejected the claim against the Principal in the amount of 100 million rubles on unfounded warranty claims of the customer against the contractor!

The Principal in this dispute acted on behalf of the contractor, and the opponent, the Customer under the contract, unreasonably claimed that the work was performed by the Principal poorly and demanded compensation for losses.

Earlier, by the decision of the court of first instance, the claim was denied in full. And today, the lawyer again managed to prove that the work was performed qualitatively, the customer initially accepted the work without comment, the author’s supervision confirmed the high quality of the work, and the defects arose as a result of improper exploitation of the result of the work by the Customer himself.

The interests of the contractor were defended by Konstantin Tkachenko, Head of the practice of legal support of entrepreneurship at MCBA “Bureau of Lawyers “De jure”.

The Moscow Arbitration Court terminated the bankruptcy proceedings of the Principal of the Bureau (the largest Design Institute), recognized the applicant’s claims in the case as unfounded, and refused to introduce a monitoring procedure. This result was achieved thanks to the application in the bankruptcy case of provisions on balancing obligations within the framework of agreements concluded between the parties. The interests of the Principal were represented at the court hearing by Ivan Bychkov, lawyer, Head of the Tyumen division of the Bureau of Lawyers “De jure”.