At yesterday\’s hearing in the Fifth Appellate Court decision the Court of First Instance (Court of Arbitration of Primorsky Krai) to recover the recovery with «Pacific Marine» in favor of state-owned enterprises «Gosnedvizhimost» 110 million rubles penalty for missing the deadline for delivery of the catamaran «Vladivostok». Recall that the April 92013 the Arbitration Court of Primorye not ruled in favor of the Company «Pacific Marine.» The court terminated the contract for the construction of a passenger catamaran «Vladivostok» and awarded with «Pacific Marine» in favor of the State Unitary Enterprise Primorsky Territory «Gosnedvizhimost» 110 million rubles prepaid and 4.5 million rubles of penalties. Background is as follows: in December 2011 between the State Unitary Enterprise «Gosnedvizhimost» (customer) and «Pacifico Marine» (the contractor) was awarded a contract for construction of a passenger catamaran «Vladivostok». The transfer of the vessel was built to the customer was to be held August 152012. In accordance with the contract value of the work is 120 million rubles, and the amount of liquidated damages for delay in performance of obligations under the agreement — 4 9 million rubles. During the construction of the ship was repeatedly informed the customer to the supplier to impose penalties for violation of terms of work and sent notice of termination of the contract. Due to the fact that the response to the proposal to terminate the contract and refund the advance payment from the «Pacific Marine» is not received, the State Unitary Enterprise «Gosnedvizhimost» filed a few lawsuits: to terminate the contract and recover 110 million rubles prepayment and the payment of the penalty for violation of terms of performance. April 132013 the Arbitration Court annulled the controversial contract for the construction of a catamaran made between the parties and awarded with «Pacifico Marine» 110 million rubles for prepayment. This is the third «penalty» payment of «Pacific Marine.» One of the first was the decision of the Court of First Instance to recover from the «Pacific Marine» in favor of «Eastern shipyards» 1.8 million rubles unjust enrichment for electricity consumption during the construction of the catamaran. The Court upheld the decision of the arbitral tribunal Primorye, in which a «Pacifico Marine» (the defendant) in favor of «Eastern shipyard» (plaintiff) was collected 1.8 million rubles of unjust enrichment. A third family of catamarans — «Vladivostok», was the most unlucky. Was among the «refuseniks», with the tie to late delivery of the customer, was built but never launched. Prior to the water\’s edge he lacked only 200 meters. Catamaran managed to get «under arrest» and to this day are the subject of litigation.
Eugene Zhitnikova, RIA «VladNews»