Reviews

Construction related disputes in the practice of the Supreme Court of Russia

Construction related disputes in the practice of the Supreme Court of Russia

We are offering to your attention a review of the practice of the Supreme Court of Russia on construction related disputes from 2015 to 2016. The review covers issues pertaining to essential terms of construction contracts, dates for performance of works and the quality of works, delivery and acceptance of works, contract termination, rights to the architectural design, securing performance of the contractor’s obligations (bank guarantees and the so called "guarantee withholding"). A special focus is made on contracts for performance of works for state or municipal needs, and procedural issues associated with consideration of construction contract related disputes (e.g., a court-appointed expertise).

08 November 2016

How to recover a debt on payment for works in the absence of customer signed delivery and acceptance certificated?

How to recover a debt on payment for works in the absence of customer signed delivery and acceptance certificated?

In practice situations often arise when a customer employs various pretenses to refuse to sign delivery and acceptance certificates for works performed by a contractor. What are the steps to be taken by the contractor in the given circumstances?

15 September 2016

When may a lessee waive performance of a lease contract?

When may a lessee waive performance of a lease contract?

A lessee under a property lease contract may face a situation where a further use of the property becomes commercially unjustified. May it waive the contract which has not yet expired?

08 September 2016

A lean compromise is better than a fat lawsuit? Hardly

A lean compromise is better than a fat lawsuit? Hardly

General courts turn out to erect artificial barriers for parties to settle.

25 August 2016

Bonuses paid to top managers in anticipation of bankruptcy must be returned to bankruptcy assets

Bonuses paid to top managers in anticipation of bankruptcy must be returned to bankruptcy assets

Comments to the ruling issued by the Judicial Board on Commercial Disputes with the Supreme Court of the Russian Federation on June 14, 2016 No. 304-ЭС15-20105.

19 July 2016

Delivery and acceptance certificate for works performed as evidence in construction related dispute

Delivery and acceptance certificate for works performed as evidence in construction related dispute

Virtually in every dispute over scope, cost, quality or dates of performance of works under a construction contract, a delivery and acceptance certificate for works performed becomes a primary piece of evidence.

10 July 2016

The Supreme Court of the Russian Federation expands the circle of parties to bankruptcy proceedings (and reviews the position of the Presidium of the Supreme Commercial Arbitration Court)

The Supreme Court of the Russian Federation expands the circle of parties to bankruptcy proceedings (and reviews the position of the Presidium of the Supreme Commercial Arbitration Court)

Comments to the ruling issued by the Judicial Board on Commercial Disputes with the Supreme Court of the Russian Federation on June 14, 2016 No. 304-ЭС15-20105.

07 July 2016

The Supreme Court of the Russian Federation clarifies where a failure to comply with mandatory pre-trial dispute resolution procedure does not impede considering a case on its merits

The Supreme Court of the Russian Federation clarifies where a failure to comply with mandatory pre-trial dispute resolution procedure does not impede considering a case on its merits

Traditionally, the claimant’s compliance with the mandatory pre-trial dispute resolution procedure in cases where such procedure is stipulated contractually or based on the parties’ agreement is seen as one of the prerequisites of the procedural right to file a claim.

20 May 2016

The Supreme Court identifies grounds for the customer’s refusal to accept final work product

The Supreme Court identifies grounds for the customer’s refusal to accept final work product

It is often the case that customers, when revealing defects in the course of acceptance of works, refer to them as the grounds for their refusal to sign a delivery and acceptance certificate. When may such refusal be held legitimate?

15 March 2016

The Supreme Court imposes on the customer the burden of proving grounds for its unilateral waiver of the contract upon the contractor’s failure to meet the dates for performance of works

The Supreme Court imposes on the customer the burden of proving grounds for its unilateral waiver of the contract upon the contractor’s failure to meet the dates for performance of works

The Supreme Court clarifies the procedure for the customer’s waiving a construction contract in situations where the contractor fails to meet the performance dates.

02 February 2016