The Committee for State Control, Use and Protection of Historical and Cultural Monuments of St. Petersburg appealed to the Arbitration Court of St. Petersburg and the Leningrad Region filed a demand to the catering enterprise to dismantle the external ventilation and air conditioning system on the facade of the building. The basis for the requirements of the Committee was that the installation work was carried out with a deviation from the project, agreed back in 2000.
We drew the court’s attention to the fact that the work on the project, agreed in 2000, was carried out by our client in the same year. The results of the work also in 2000 were accepted by the interdepartmental commission of the Petrogradsky district of St. Petersburg. If the Committee disagreed with the work performed, it had the opportunity to inspect their result on the facade of the building and make its claims. But for more than twenty years, there have been no complaints from the Committee and other authorities regarding the installed system. Therefore, the requirements of the Committee are subject to rejection as filed beyond the three-year statute of limitations.
The court agreed with these arguments and rejected the Committee’s position that the statute of limitations does not apply to the stated requirements. After such a long period of time, it is not possible to find all the archival documents on the coordination of the work of 2000. Having allowed a significant delay in the detection of alleged violations, the Committee must bear the adverse consequences of its inaction. The court’s decision to dismiss the claim was not appealed by the Committee and came into force.
