In accordance with the contract concluded in 2017, our client has committed itself to developing work documentation for the manufacture of hydroelectric power plants under construction in the Republic of Karelia. The customer of the work, citing the fact that the working documentation was transferred to them with a delay, applied to the Arbitration Court of St. Petersburg and the Leningrad Region with a claim for damages. These losses represented a penalty that the Customer voluntarily paid to the general contractor who was building the hydroelectric power station for the delay in the transfer of working documentation, for the preparation of which the client was involved as a subcontractor.
Objecting to the lawsuit, we pointed out the absence of a causal relationship between the actions of our client and the damage arising on the customer’s side, as well as the fact that the proceedings in the performance of the work arose due to the fault of the customer himself. These circumstances were previously established by the court during the consideration of the case on the recovery of debt from the Customer for the work performed.
In case A56-63042/2022, the court refused to satisfy the claim in full, considering that our client lawfully suspended the performance of work due to the non-receipt of advance payments established by the contract. The decision of the court of first instance was left unchanged by the decision of the appellate court and came into legal force.
