Publication

Employment and family law

Employment and family law

Comments to the Review of Court Practice by the Supreme Court of Russia No. 2 (2016) covering employment and family law related disputes.

15 August 2016

Contractor declared bankrupt. Will customer have to pay back guarantee withholdings?

Contractor declared bankrupt. Will customer have to pay back guarantee withholdings?

The so called guarantee withholdings are common means of securing the obligations of the contractor involved in performance of construction works to the customer. What happens to the amount withheld if either party goes bankrupt?

Expert witnesses in construction related disputes: legal positions of the Supreme Commercial Arbitration Court of Russia and the Supreme Court of Russia

Expert witnesses in construction related disputes: legal positions of the Supreme Commercial Arbitration Court of Russia and the Supreme Court of Russia

The prevailing court practice evidences that opinions given by expert witnesses tend to have more weight when resolving construction related disputes.

05 August 2016

Cadastral valuation: new rules

Cadastral valuation: new rules

Comments to amendments to laws on state cadastral valuation.

02 August 2016

Contractor’s good faith and payment for works performed in the absence of a state procurement contract

Contractor’s good faith and payment for works performed in the absence of a state procurement contract

Comments to Ruling by the Supreme Court of Russia No. 302-ЭС15-17338

16 June 2016

Unauthorized constructions: dynamics

Unauthorized constructions: dynamics

An opinion has formed in the legal profession that general courts tend to exercise a milder approach to issues related to unauthorized constructions as compared to commercial arbitration court practice.

20 May 2016

Using subcontractors when structuring a capital construction deal

Using subcontractors when structuring a capital construction deal

Using subcontractors when structuring a capital construction deal is a widely spread practice: it is extremely rare that projects, particularly technologically intensive ones, are implemented by engaging a single contractor.

15 May 2016

The customer has claims as to the quality of works. How not to make a mistake when selecting a remedy?

The customer has claims as to the quality of works. How not to make a mistake when selecting a remedy?

From a legal standpoint, if the customer reveals defects in the works performed by the contractor, it has a number of remedies available. How to select the most efficient one?

11 April 2016

Issues related to qualifying contractual relations of parties to an investment project in the area of capital construction

Issues related to qualifying contractual relations of parties to an investment project in the area of capital construction

Implementation of investment projects in capital construction typically presupposes involvement of a wide range of participants, which, in turn, necessitates designing a complicated structure of contractual relations among them.

04 April 2016

Recovering an unjustified enrichment for provision of services in the absence of a state procurement contract

Recovering an unjustified enrichment for provision of services in the absence of a state procurement contract

Comments to Ruling of the Supreme Court of Russia of 21.01.2015 in Case No. А77-602/2013

02 March 2016