Chuikova Svetlana
LawyerThe dispute was related to the collection of debt of RUB 85 million for the works on the development of project documentation and subsequent construction.
Sergey Soldatenko, Head of Litigation Practice of Pavlova & Partners Law Firm, won a court of cassation on a contract dispute related to the construction of a part of FC Zenit stadium.
The dispute was related to the collection of debt of RUB 85 million for the works on the development of project documentation and subsequent construction. The client addressed Pavlova & Partners Law Firm at the stage of cassation instance proceedings after two instances refused him to file a lawsuit.
The lower courts took decisions based on the opinion of expert study prepared by the opponent unilaterally. However, the expert preparing the opinion made a number of mistakes, comprising use of wrong SNiPs and GOSTs to verify the compliance of the works performed and the developed project documentation.
Besides, the cassation court managed to justify the consumer value for the opponent of the work done by the client, and therefore, the need in payment of at least part of its price. The lower courts failed to make account of these facts and wrongfully refused the suit. The court of cassation questioned the correctness of the resolutions and after the break sent the case for a fresh examination.
Ирина Кошечкина
Юрист