November 17 Main results of the day

10.11.2025  № А40-140705/2024  Case regarding ASTERUS DEVELOPMENT’s claim against Tolk LLC for the recovery of unjustified enrichment (unearned advance payment) and penalties for late performance of work. The case was won in CASSATION.

The other day, the contract dispute in cassation ended with our victory.

In this dispute, we represented the interests of the customer in recovering unearned advance payments from a contractor who performed work in significant violation of deadlines and quality requirements.

In all three instances, we were able to defend our position regarding the contractor’s violation of the work delivery procedure, challenge the KS-2 Acts for 12 million rubles and 15 million rubles, and prove the contractor’s dishonesty in preparing reporting documents reflecting the same materials in the KS-2 Act and in the act of removing material from the construction site.

Three courts agreed with our position, recognizing the lack of consumer value of the poorly executed work and rejecting all of the contractor’s arguments and evidence, as well as denying the contractor’s motions to request data, to call a witness, and to appoint a forensic construction and technical expert examination.

As a result of our work, an unearned advance in the amount of more than 12 million rubles was fully recovered in favor of the Principal. During the trial, unused materials in the amount of 8 million rubles were accepted on our terms and penalties of more than 3 million rubles were collected.

Performer: Maria Ovchinnikova, Head of the Department of Legal Support for Contractual and Judicial Work at the Bureau of Lawyers “De jure”.