RusBankrot
We know everything about bankruptcy
27/04/2024
Saturday
THIS DAY IN HISTORY:
27 April 
1970 The opening of the subway in Yekaterinburg
1970 The opening of the subway in Yekaterinburg
1970 The population was evacuated from Pripyat after the Chernobyl accident - all 40 thousand inhabitants were evacuated in 3 hours
1970 The population was evacuated from Pripyat after the Chernobyl accident - all 40 thousand inhabitants were evacuated in 3 hours
1970 The beginning of the civil war in Afghanistan, which continues up to this day
1970 The beginning of the civil war in Afghanistan, which continues up to this day
27 April
1970 The opening of the subway in Yekaterinburg
1970 The opening of the subway in Yekaterinburg
1970 The population was evacuated from Pripyat after the Chernobyl accident - all 40 thousand inhabitants were evacuated in 3 hours
1970 The population was evacuated from Pripyat after the Chernobyl accident - all 40 thousand inhabitants were evacuated in 3 hours
1970 The beginning of the civil war in Afghanistan, which continues up to this day
1970 The beginning of the civil war in Afghanistan, which continues up to this day
THE CUSTOMER HAS THE RIGHT TO WITHHOLD FUNDS IF THE CONTRACTOR DOES NOT ELIMINATE THE SHORTCOMINGS OF THE WORK
The contractor filed a lawsuit to recover debts from the customer under the contract (case no. A32-32945/22).
The courts of two instances partially satisfied the claim, based on the fact that the plaintiff fulfilled the obligations under the contract in full, which is confirmed by the acts of acceptance of completed works signed by the company without comments or objections. Since there is no evidence of payment in full in the case file, the courts recognized the claims for debt collection as justified, indicating that the plaintiff's obligations ceased at the time of the transfer of the last set of executive documentation.
The cassation sent the dispute for a new review, drawing attention to the following:
"The customer confirmed in his review that defects/deficiencies of the warranty period were identified at the facility during the warranty period. Since the warranty deduction is determined in the amount of 641,801.13 rubles, the amount of excess costs for eliminating defects during the warranty period is 2,198,811. 17 rubles.
The courts found that the defendant sent letters to the plaintiff's representatives for warranty inspection and elimination of defects. The plaintiff confirmed receipt of the letters in writing and indicated that he appeared for an examination of the shortcomings, but did not provide evidence of their elimination, did not dispute the existence of shortcomings and the cost of their elimination; he did not proceed to eliminate the shortcomings."
The courts of two instances partially satisfied the claim, based on the fact that the plaintiff fulfilled the obligations under the contract in full, which is confirmed by the acts of acceptance of completed works signed by the company without comments or objections. Since there is no evidence of payment in full in the case file, the courts recognized the claims for debt collection as justified, indicating that the plaintiff's obligations ceased at the time of the transfer of the last set of executive documentation.
The cassation sent the dispute for a new review, drawing attention to the following:
"The customer confirmed in his review that defects/deficiencies of the warranty period were identified at the facility during the warranty period. Since the warranty deduction is determined in the amount of 641,801.13 rubles, the amount of excess costs for eliminating defects during the warranty period is 2,198,811. 17 rubles.
The courts found that the defendant sent letters to the plaintiff's representatives for warranty inspection and elimination of defects. The plaintiff confirmed receipt of the letters in writing and indicated that he appeared for an examination of the shortcomings, but did not provide evidence of their elimination, did not dispute the existence of shortcomings and the cost of their elimination; he did not proceed to eliminate the shortcomings."
12.01.2024
