The client of\nMCBA \u201cBureau of Lawyers \u201cDe Jure\u201d – LLC\u201c V \u201d- won a state contract for the\nconstruction of a temporary detention facility by order of the Ministry of\nInternal Affairs of Russia in the Kaliningrad Region. However, before the\nexpiration of the deadline, the Customer terminated the state contract, having\nreferred to the Contractor’s failure to meet the deadlines for the work, and\ntherefore, according to the Customer\u2019s application, the FAS of Russia in Moscow\neven included LLC \u201cV\u201d in the register of unfair contractors. Having not agreed with this, LLC \u201cB\u201d appealed\nto the court.<\/p>\n\n\n\n
During the\nconsideration of the case by the Arbitration Court of the first instance, at\nthe request of lawyers of MCBA \u201cBureau of Lawyers \u201cDe Jure\u201d a judicial\nconstruction and technical examination was appointed, the results of which\nconfirmed the arguments of the Contractor. \nBut these results, as well as arguments on the claim, were not taken\ninto account by the court; the claim was denied.<\/p>\n\n\n\n
The\nthirteenth arbitration court of appeal reversed the decision of the Arbitration\nCourt of the Kaliningrad Region. In particular, the court stated that the\nconstruction permit was received by the Customer only 5 months after the\nconclusion of the state contract, while it should have been done before the\ndecision to conduct public procurement. Another reason for the violation of\nwork deadlines was contradictions in the design and estimate documentation. The\nContractor repeatedly notified the Customer about them, informed that some\ntypes of work in the documentation required adjustments, and for some types of\nwork there was no documentation at all. However, all requests were left\nunanswered. Under such circumstances,\nthe failure to meet the deadlines, as the court recognized, occurred due to the\nfault of the Customer.<\/p>\n\n\n\n
The court decision noted that the customer\u2019s fault in the failure to meet the deadlines was confirmed by the fact that after the termination of the state contract, additional government procurements were carried out precisely for those types of work for which there was no design and estimate documentation.\u00a0 Because of this, the Client of \u201cBureau of Lawyers \u201cDe Jure\u201d was not able to perform related work on the contract.<\/p>\n\n\n\n
The court’s\ndecision is of particular importance for the Bank that issued the guarantee to\nensure the fulfillment of the Contractor’s obligations under the state\ncontract. His interests in this case were also represented by employees of MCBA\n\u201cBureau of Lawyers \u201cDe Jure\u201d. Now the Ministry of Internal Affairs of Russia in\nthe Kaliningrad region has no grounds to apply to the court with a claim against\na credit institution for recovery under a Bank guarantee, since the court\nprocess found that the contractor was not guilty.<\/p>\n\n\n\n
Head of the MCBA\n“Bureau of Lawyers “De jure” N.V.Filippov, trainee lawyers M.V.Ovchinnikova\nand R.K.Gitinov took part in forming of the legal position on the case,\npreparing the statement of claim and appeal.<\/p>\n\n\n\n
The interests\nof LLC “V…” in the courts of the first and appeal instances were\nrepresented by trainee lawyers M.V.Ovchinnikov and R.K.Gitinov.<\/p>\n","protected":false},"excerpt":{"rendered":"
The client of MCBA \u201cBureau of Lawyers \u201cDe Jure\u201d – LLC\u201c V \u201d- won a state contract for the construction of a temporary detention facility by order of the Ministry of Internal Affairs of Russia in the Kaliningrad Region. However, before the expiration of the deadline, the Customer terminated the state contract, having referred to…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[147],"tags":[],"_links":{"self":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/32936"}],"collection":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/comments?post=32936"}],"version-history":[{"count":1,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/32936\/revisions"}],"predecessor-version":[{"id":32937,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/32936\/revisions\/32937"}],"wp:attachment":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/media?parent=32936"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/categories?post=32936"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/tags?post=32936"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}