Новости компании

The construction company won a challenging lawsuit by the assistance of Kachkin & Partners lawyers

Kachkin & Partners represented “6th Trust” construction company in a dispute against “Center of Participatory Construction” on responsibility for the newly-detected defects in the constructed building. In the framework of the case, a suit on corrective actions in the residential building was filed against “6th trust”, acting as the developer. The repair costs are about 40 mln rubles. The investor acted as a plaintiff. He partially financed construction works of the building and got a number of apartments into possession.

The initial prospects of the suit were negative. The investor predicated his requirements on the verdict of the general jurisdiction court, related to the other dispute — the claim of the apartments’ owners, who purchased estates from the investor.  The verdict established that the residential building had some construction defects and obliged the investor to perform corrective actions. Going to law, the plaintiff expected to shift his responsibility, established by the court judgment, to Kachkin & Partners’ client. Protecting the client’s interests, our lawyers provided collection of a full body of evidence concerning proper performance of the contract by the client and lack of the grounds for filing asserted claims to him. The plaintiff’s arguments convinced the original jurisdiction and appeal courts, but were not supported by the court of cassation. The admitted legal judgments were reversed and the plaintiff’s claims were fully dismissed.

Due to the essential changes of law-enforcement practice (the adoption of the Decree of the Plenum of the Supreme Commercial Court №54 July, 2011), the parties had to work out a new legal proposition taking into account a new civil classification of the investment contract, which was successfully implemented by Kachkin & Partners’ experts. The Federal Arbitrazh Court of the North-West District dismissed a new lawsuit of the opponent, admitting the rightness of “6th Trust”.

ПОДЕЛИТЬСЯ

Денис Качкин

Адвокат
Управляющий партнер
Руководитель практики по инфраструктуре и ГЧП
Заведующий базовой кафедрой юридического факультета НИУ ВШЭ — Санкт-Петербург

Cкачать VCARD
Денис Качкин

Адвокат
Управляющий партнер
Руководитель практики по инфраструктуре и ГЧП
Заведующий базовой кафедрой юридического факультета НИУ ВШЭ — Санкт-Петербург

Cкачать VCARD

ПРОЕКТЫ