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Judical practices and cases

14 April 2016

Debt collection

Результат:

The claim settled in full

Point of argument

Recovery of a debt and a penalty under the construction contract.

Plaintiff’s case

The client (the Contractor) signed an agreement with the General Contractor to perform repair works. Later, an addendum to the agreement was signed, the subject of which was to perform additional works. The total amount of the contract was 305,282,205 rubles 42 kopecks. The Contractor presented the service acceptance acts, which were subsequently accepted by the Defendant and paid for in the amount of 303,290,495 rubles 14 kopecks. The Plaintiff presented the calculation of interest under the contract and asked the court to recover the unpaid cost of works, and a penalty under the contract.

Defence

The General Contractor did not refute the fact of the acceptance of works by the Contractor, as well as the amount of remuneration, and agreed with the calculation of interest.

Problem solution stages

  • preparation of a letter of claim
  • preparation and filing of the claim and a package of related documents in court
  • client’s interests representation in court

Court judgement

The court decided to satisfy the client's claim in full and to recover from the Defendant the debt for payment of the work performed, as well as the penalty under the contract agreement.

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