November 20 Main results of the day

The Moscow Arbitration Court in full refused to satisfy the claim against the Principal in the amount of 100 million rubles. The Principal turned to the lawyers of the Bureau of Lawyers “De jure” with an assignment to protect his interests as a contractor in a dispute with the customer, who unreasonably demanded compensation for damages to eliminate the shortcomings of the result of the works, which allegedly arose as a result of poor-quality work. The Bureau’s lawyers were able to prove that initially the works were performed qualitatively, by the customer with the authority of construction control, the works were accepted without comments, and the author’s supervision also confirmed the high quality of the works. Thus, the defects arose as a result of improper use of the works result. In addition, the customer violated the procedure for fixing defects; the contractor was not given the opportunity to correct the shortcomings on his own. These circumstances deprive the customer of the right to demand compensation for losses, since it follows from the systematic interpretation of the legislation and the provisions of the contract that the customer’s rights of claim arise sequentially. Initially, the customer has the right to demand the elimination of defects by the contractor, and only if the contractor refuses to eliminate the defects, the customer has the right to eliminate the shortcomings of the works on his own and demand compensation from the contractor. The Court agreed with the arguments of the Bureau’s lawyers and refused to satisfy the claim in full. The interests of the contractor were defended by Konstantin Tkachenko, Head of the practice of legal support of entrepreneurship of the Bureau of Lawyers “De jure”.