Infocenter

November 20, 2017 Moscow Arbitration Court is to identify the correctness of the experts’ appointment to conduct a judicial inquiry of the dispute between Gosproject JSC and SETEC INGINIRING LLC. Pravo.ru highlights the essence of the conflict and explains the nature of the problems related to the expert examination in this case.

In 2015 Gorproject ordered a project of some engineering systems for the Lakhta-Centre under construction in St. Petersburg from Setec Ing (subsidiary of the French Setec) for a total sum of 295 million rubles. The work was conducted with the use of modern BIM-technology never applied to the object of such scale in Russia before. Initially, Samsung was the ordering company of the overall project and work documentation for the Lakhta-Centre, while Gosproject LLC was a general design contractor, and the French subsidiary was involved in conducting only a portion of work.

Sergei Soldatenko, Court Project Manager at Pavlova & PartnersJSC: Indeed, in most disputes between the ordering company and the contractor the quality of the work carried out is the most significant matter. Taking into account that the court does not have special knowledge in the construction field, it cannot assess the quality of the work carried out. In this case the expert examination is essential and is a common procedure in this type of disputes. In case the research is not conducted for various reasons, the court will adjudge the case based on the evidence available, with account of apportionment of the burdens between the parties. The case may be complicated due to the search of competent experts capable of understanding a special technology used in construction.

Source: https://pravo.ru/news/view/145920/