This week, the Fifth Appellate Court will hear the appeal, LLC «Vladled» on the decision of the court of first instance, which is partially satisfied the claim of the plaintiff and awarded with «Bergstrom» 6.5 million rubles of the losses incurred due to the collapse of the base plate of the skating rink «Pole». Background is as follows. September 202006 between the customer on behalf of OOO «Vladled» and performer in the face of OOO «Bergstrom» signed a contract number 0017/009 on the development and transfer of ownership to the customer in the design documentation for the manufacture of complex buildings of light steel structures and frame-tent shelter. Frame and awning structure was intended for use as a year-round ice cover of the stadium in the city of Vladivostok. Ice rink «Pole» was built on private money and inaugurated February 122008. The basis of the rink were hockey field of 30 by 60 meters and stands, designed for 200 seats. The ice field, which was to operate all year round, at the same time can collect up to 150 people. In the «Pole» planned a hockey matches amateur teams of Primorye. The partial collapse of the roof sports center was December 52009 Saturday. On Monday, there was to be opened (but never took place) Hockey Tournament for the Cup of the Governor of the region. Roof collapse caused a dense thick layer of snow that had formed on the roof of a skating rink during a powerful cyclone. Over a third of the roof ripped apart and fell to the ice. Damage was avoided only by sheer luck. Eyewitnesses, who at that time riding on ice and rest in cafes, were not injured. Collapsed 21 farm support frame of the frame. Rack Frame deviated toward the ice rink on the field as much as 2 meters and received considerable strain. Upon the collapse of the roof, in January 2010 the Institute DalNIIS RAASN Survey was conducted by the technical condition of bearing structures of the building struck. In February 2010 a report was drawn up, from which it follows that the cause of the collapse of the building was the refusal of the roller hub connections adjustable brace to the lower part of the farm belt of the central frame. The plaintiff (LLC «Vladled»), finding that the company «Bergstrom» provided JSC «Ryazan company number 7» drawings miscalculations in the design of the roller, and «The Ryazan plant number 7», in turn, used in the manufacture of metal instead of project steel grade 45 steel grade GOST 1050-8809G2C (GOST 19281-89), the mechanical properties of which are worse than the project, and OOO «AKVARESURSSTROY», respectively, produced poor-quality installation design, appealed to the court. The Arbitration Court of Primorye April 242013 considered the matter at the hearing on the claim of society «Vladled.» Held: The recover with «Bergstrom» in favor of «Vladled» — 6585000290 rubles loss and ordered the Company «Bergstrom» to pay the state fee of 3000 rubles and 35000 rubles 44 kopecks 676 state fee to the federal budget. In satisfaction of the claim, LLC «Vladled» to the LLC «AKVARESURSSTROY» was denied. In satisfaction of the claims of society, LLC «Vladled» to JSC «Ryazan company» Trust number 7 «was also denied. Defendant Company «Bergstrom» in the trial did not show up, even though the time and place of the trial were properly notified. In accordance with Article 156 of the APC trial was conducted in the absence of notice. Defendants JSC «Ryazan company» Trust number 7 «and LLC» AKVARESURSSTROY \’lawsuit challenged on the grounds set out in the submitted review, stating that the collapse of the roof of the building was not their fault. Examined the materials of the case, having heard the explanations of the parties, the court held that the claims of OOO «Vladled» subject to partial satisfaction. Losses, in this case, were: actual damages as well as lost profit (loss of fixed assets in the amount of 8 4 million and lost revenue under leases rink «Polus» in the amount of 16.5 million rubles.) Should be taken into account that the losses for the rink were also the money spent on dismantling and removing the collapsed metal, in the amount of 949000 rubles more. So in this «court-Ice slaughter» it is too early to put an end
Eugene Zhitnikova, RIA «VladNews»