REVERA has successfully defended the interests of a major passenger transport manufacturer

Background

The client is a customer for the reconstruction of several production halls in order to expand production. 

Under the construction contract, the general contractor was hired, who significantly violated the work deadline and failed to commission the facility in accordance with the terms of the contract. 

What did we help with?

In preparation for the trial, REVERA prepared

• a case management strategy outlining potential risks;
• draft proceedings documents.

Progress of the proceedings

After the court accepted the claim for liquidated damages, the defendant filed a counterclaim to declare the construction contract null and void.

Based on the results of the analysis of the counterclaims, a draft objection was prepared.

The interests of the client were represented in court by a lawyer from the Minsk Regional Bar Association, with whom REVERA lawyers worked closely, jointly adjusting the case strategy.

The court ruling

The ruling of the court hearing the economic case was the following:

• the client’s claims were found to be fully justified;
• Article 314 of the Civil Code was applied – the court had the right to reduce the penalty;
• considering application of Article 314 of the Civil Code penalty for violation of interim deadlines specified in the contract for performance of works and commissioning of the facility in the amount exceeding BYN 300,000 was recovered
• recovery of 80% of the claimed expenses incurred by the client for legal services and legal assistance.

The decision was appealed against by the defendant. The appeal was rejected.

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