The fifth arbitration appeal court on 24 June 2013

The fifth arbitration appeal court on 24 June 2013 suspended proceedings on the appeal complaint of the JSC «Pacific bridge building company» the decision of the court of first instance, in accordance with which the company in favor of the Department of road economy of Primorsky Krai collected 5.8 million rubles penalties. As it became known to the correspondent of RIA «VladNews», the essence of judicial dispute - elimination of consequences «опаздывания» delivery of objects of the APEC Summit. In this case - in the framework of the state contract on execution of additional works on the object «Construction of the road the Patroclus Bay - bridge crossing over Zolotoy Rog» with the development of the working documentation on additional volumes of works». In accordance with the state contract, the total cost of the object was 8305 million rubles, the completion of additional work to June 302012. Public customer performed by the regional Department of road facilities, the contractor - JSC «TMK». Since on July 272012 the work was fulfilled not in full, the state customer has addressed in arbitration court with the claim. By the decision of the Arbitration court of the Primorsky territory on March 272013 claimed by the plaintiff demand is not satisfied in full and with ZAO «TMK» charged the penalty in the amount of 5.8 million rubles. However мостовики have decided to appeal against this decision and appealed to the Fifth arbitration court. As told to the correspondent of RIA «VkadNews» in the press service of the Fifth arbitration court, Fifth arbitration appeal court considered in judicial session 24 June 2013 appeal and petition, announced ZAO «TMK», halted production of the appeal until a decision in a similar case. The fact is that at the moment in the manufacture of Arbitration court of Primorsky Krai is the case for exaction from ZAO «TMK» 23 million rubles penalties for untimely fulfillment of obligations under the state contract for execution of major works on the construction of the above object concluded with the Department of road economy of Primorsky Krai. On the suit of 23 million rubles «Pacific мостовики» apply to an expert, which is sure to install - whose fault was a failure of the contract. The fact is, that during construction of the road (2009-2012) from the customer was required to make timely redemption of land and buildings included in the «construction spot»that was not always timely. In addition, not always timely ZAO «TMK» received from the customer required documentation. For the sake of justice it should be noted is the fact that, while the construction of road infrastructure for the APEC Summit in Primorye, several times changed its management of the regional Department of road economy. And they travel objects, even on the project, time-built «back to back» to саммитовским activities and were originally risky in terms of timelines. Thus, the attempt to recover from ZAO «TMK» RUB 28 million of penalties for delays, of course, is very unpleasant, «afterword» for the APEC Summit and not very correct. Because some саммитовские objects, larger price, and at all piled out» beyond the initial state contracts for more than a year and required additional funding. Suffice it to recall the five star hotels or Opera and ballet. But on these sites for some reason there are no high profile court battles

Alexander Огневский