Dispute resolution

Significant reduction in the amount of the penalty

By 12.11.2018 No Comments

A nuclear power plant construction equipment purchasing customer filed a claim for payment of a penalty in the amount of 1,241,905,650.65 rubles for violation of the deadlines for the transfer of the agreed technical documentation and equipment delivery.

Lawyers of Legal Studio investigated all the circumstances that served as the basis for the stated claim for payment of penalties, identified the circumstances that objectively impeded the fulfillment of obligations by the client and which arose, including through the fault of the customer, and on the basis of art. 404 of the Civil Code of the Russian Federation proposed to the customer to reduce the amount of the penalty due to the fact that the incomplete fulfillment of obligations occurred due to the fault of both parties, taking into account the actual date of approval of the TK or RKD.  Art. 405 of the Civil Code of the Russian Federation was also utilized.

Subsequently, with the objective of pre-trial settlement of the dispute, taking into account the position agreed upon, negotiations were held, as a result of which an agreement was reached on the amount of penalties that the client agreed to reimburse voluntarily in the amount of 60,000,000 rubles. The customer abandoned the remainder of the filed claims.