Publication

The contractor violated the contract. What will help to receive payment under a bank guarantee

The contractor violated the contract. What will help to receive payment under a bank guarantee

The article contains the arguments that banks give in order to avoid payment. Read how to refute them and convince the court that you have fulfilled all the conditions of the guarantee. We figured out which papers will confirm that the bank is obliged to pay. The article also contains conditions that will protect the customer if the contractor is slow to provide a bank guarantee.

19 February 2019

The official receiver has not challenged the debtor’s transactions. When you have the right to recover damages?

The official receiver has not challenged the debtor’s transactions. When you have the right to recover damages?

If the official receiver has not challenged the debtor's transactions, this is a reason to recover damages from him. Courts quite often take the side of the creditor in such cases. How to bring the official receiver to responsibility - in the article published by managing partner Alexey Moroz

12 February 2019

Preemptive right to conclude a contract. Checklist for the tenant

Preemptive right to conclude a contract. Checklist for the tenant

The tenant has the pre-emptive right to conclude a lease agreement for a new term. But it is not always possible to realize this right: a number of conditions must be met. Which - read the article.

05 February 2019

How to recover a debt when a counteragent has no funds to pay from

How to recover a debt when a counteragent has no funds to pay from

A counteragent owes you money, but it does not pay and refers to lack of funds to pay from. You may file a lawsuit and win the case, however, it does not mean that you company will recover the debt owed. The opposite scenario is more likely, and in the course of the trial the counteragent will be able to withdraw the remaining assets. Read on what you offer to the counteragent to pay back the debt without having to resort to court proceedings.

30 January 2019

Extra works performed under a construction contract: how the customer can prove any absence of grounds to pay for such works

Extra works performed under a construction contract: how the customer can prove any absence of grounds to pay for such works

Often in the course of construction a need arises to perform works which are not covered by the construction contract. The law allows for a possibility to perform extra works. If and when such works are subject to payment is explained in an article written by Daria Nyukhalkina.

26 December 2018

An expert examination is appointed in a dispute arising from a construction contract: how to challenge an unfavorable expert opinion

An expert examination is appointed in a dispute arising from a construction contract: how to challenge an unfavorable expert opinion

An expert examination may be a deciding factor for the court in a construction related dispute. We will tell you how to challenge an unfavorable expert opinion.

29 November 2018

What does a creditor do if a debtor sells its property before execution is levied on it?

What does a creditor do if a debtor sells its property before execution is levied on it?

Often unscrupulous debtors attempt to make recovery proceedings impossible. For instance, they may sell the property which could serve to recover the debt. In such cases the creditor may employ several tools to return the assets withdrawn.

10 October 2018

What issues may arise when terminating a construction contract and how to resolve them

What issues may arise when terminating a construction contract and how to resolve them

It is not always the case that a construction contract is finalized with acceptance of a completed project. Often there are situations where the construction contract is terminated by either the customer or the contractor on certain grounds. What are these grounds and what is to be done by the parties if they arise?

28 August 2018

Shady transactions and arm’s length dealings: which is which?

Shady transactions and arm’s length dealings: which is which?

Parties frequently have to face certain issues when challenging transactions based on special grounds provided by bankruptcy laws. In her article, Tatiana Ivanova considers specifics of such dealings.

01 August 2018

How to protect a weaker party to a public contract

How to protect a weaker party to a public contract

Both parties to a public contract should be aware of the most common abuses that are there and how to protect yourself from them. Read on how to proceed if your counteragent does not act in good faith.

20 July 2018