One of probably the most «expensive» cases, which will be discussed in the Fifth Appellate Court would dispute between «Dalmostroem» and «Pacific bridge construction company \'(TMC). At stake is 223 million rubles. Exactly the same amount assessed a penalty of JSC «TMK». The history of this dispute goes back to the beginning of construction Churkino bridge, which is now called the «gold.» JSC «Dalmostostroy» was drawn to participate in contract work from Pershamaiski district. And this is not the first legal battle between JSC «DMS» and JSC «TMK». Earlier, the Arbitration Court of the Khabarovsk Territory was approved a settlement agreement between Khabarovsk of «Dalmostostroy» (LCA) and ZAO «Pacific Bridge-Building Company» (PMC). The dispute arose as a result of provisions of the contract subcontracted contradictions in determining the amount of payment made «Dalmostostroy» works. As a result, the court ordered the «DMS» maritime companies to pay 155.5 million of debt. As you know, «TMK» was one of the main contractors of the Far Eastern construction projects for the APEC Summit 2012 in Vladivostok. She built a bridge across the Golden Horn and the greater part of the way to the Bay of Patroclus, in which the airport Vladivostok passed the official delegation. Originally, the LCA would like to get more 793500000 rubles on the suit to recover the debt solidary with TMC and JSC «Insurance Company of Gas Industry» (SOGAZ). The suit was filed in the Arbitration Court of Moscow in 2010. «SOGAZ» insured the construction of a bridge across the Golden Horn, among other objects of the summit, which served as the basis for bringing the insurers as a respondent. The Court found the claims to «SOGAZ» baseless. As the «apple of discord» continues to perform protocol of price agreement, which had been prescribed the use of deflators and the reduction factor in determining the cost of the work at the time of delivery. According to «Dalmostostroy», ignoring the conditions contained in the documents that led to the «unjust enrichment» contractor of construction work. The two construction companies are going to give and not for the first time. Another account, the arbitration court of appeals has approved another settlement agreement in another lawsuit «Dalmostostroy,» on reimbursement contractor 1064 billion rubles loss incurred during the construction of the same «Golden Bridge» for 2008-2011. Currently, the Appellate Court to consider the complaint of CJSC «Pacific Bridge-Building Company» and OAO «Dalmostostroy» in the trial court for the recovery of a «Dalmostostroy» in favor of JSC «TMK» 22360818723 rubles penalty for the construction of the bridge across the Golden Horn. As they say, the Summit was held, and mutual financial claims were
Eugene Zhitnikova