September 20 Main results of the day

The Ruza City Court of the Moscow Region approved a settlement agreement between three co-owners of residential real estate in the Moscow region, according to which the Principal received a commensurate compensation in the amount of 3 million rubles for his share in real estate. During the resulting legal proceedings, the Bureau’s lawyers managed to involve the parties to the conflict in the negotiation process and create the necessary conditions for reconciliation for them. As a result of the mediation procedures carried out, our Principal saved his expenses on allocating a share in real estate in kind and received funds from the co-owners through the deposit account of the judicial department in the amount of the market value of the transferred share. Sergey Bibikov, senior lawyer of the Bureau of Lawyers “De jure”, acted as a mediator in this dispute.

The Moscow Arbitration Court refused to satisfy the claims of the State Customer against the Principal for the recovery of damages totaling more than 20 million rubles arising from warranty obligations under the contract. The plot of the case boiled down to the fact that the contractor, on the instructions of the customer and on the basis of the project provided by the customer, erected a building, during the operation of which a defect was revealed – flooding of the basement floor. The customer insisted that the defect arose as a result of poor-quality work, and the requested amount of claims was necessary for him to compensate for the subsequent costs of eliminating the defect by a third party. The Bureau’s lawyers managed to prove in court that the work was carried out qualitatively in full accordance with the project documentation, and the defect arose not through the fault of the contractor, but due to errors made at the design stage of the building. The Court agreed with the arguments of the Bureau’s lawyers and refused to satisfy the claims in full. The interests of the Principal were represented by Konstantin Tkachenko, Head of the practice of legal support of entrepreneurship of the Bureau of Lawyers “De jure”.