General contractor of EXPO-2017 facilities is on the verge of bankruptcy
LLP "Company ADS" owes 106 million tenge to subcontractors, as well as 10 billion tenge to the national company "Astana EXPO-2017"
A regular meeting of the Council on protection of the rights of entrepreneurs under the chairmanship of Gani Kasymov was held at NCE RK "Atameken". Today it was attended for the first time by the Business Ombudsman Bolat Palymbetov.
One of the problematic issues that was discussed at the meeting was the appeal of LLP "Sevstalkonstruktsiya" to NCE RK. In 2014, the company signed a contract with the general contractor for construction of facilities for "EXPO-2017" LLP "Company ADS" for the supply of steel structures for the project "Common warehouse at the territory of the exhibition centre "EXPO-2017". The total value of the contract amounted to 622 million tenge. LLP "Sevstalkonstruktsiya" fulfilled its obligations under the contract. However, up to now the general contractor owes more than 106 million tenge. NCE repeatedly held working meetings with the representatives of JSC "NC" Astana EXPO-2017 "for repayment of accounts payable by LLP "Company ADS" to the applicant, the appropriate appeals were sent to the company. The preliminary agreement on the possible conclusion of a tripartite agreement between the national company, the general contractor and the applicant on direct repayment of the debt by the national company to the applicant was unenforceable.
According to the expert of the department of legal protection of entrepreneurs NCE RK Almas Kemelbekova, currently the Investigation Department of Anti-corruption Service of the National Bureau on Anti-Corruption conducts an investigation against the leadership of LLP "Company ADS" regarding the theft of funds in especially large amounts.
"The National Chamber of Entrepreneurs repeatedly sent the appropriate appeals, it held meetings with representatives of JSC" NC "Astana EXPO-2017" on search of solution to repay debts of LLP "Company ADS" to the applicant. The preliminary agreement on the possible conclusion of a tripartite agreement between the National Company, the general contractor and the applicant on direct repayment of the debt to the applicant was unenforceable", - he said.
Moreover, this problem is compounded by the fact that at present JSC "NC" Astana EXPO-2017" is considering the possibilty of the transfer of construction to the new general contractor LLP" SAEM ". "Thus, after signing of the relevant document, LLP "Sevstalkonstruktsiya", as well as other subcontractors, to which LLP "Company ADS" owes money, remain alone with the bankrupt company", - said Kemelbekov.
The general manager of the administrative legal department of JSC "NC" Astana EXPO-2017" Marat Ilyasov confirmed that LLP "Company ADS" is on the verge of bankruptcy.
"At present, LLP "Company ADS" has a debt to the national company" Astana EXPO-2017" in the amount of more than 10 billion tenge. We, as customers do not have the competence to interfere in the relations of other subcontractors. All questions should be addressed to LLP "Company ADS", - he said.
At the same time representatives of LLP "Company ADS" were invited to the meeting of the Council, but they did not come.
Member of the Council on protection of the rights of entrepreneurs Aigul Solovyova urged the national company not to put the responsibility of its shoulders. "Astana EXPO-2017" should not forget that it is people's money, as the company should carefully choose the general contractor. You remove the responsibility of yourself, but in fact you were trusted, you are the main one in the chain. Therefore, you should pay the entrepreneur for his services", - she said.
Following the discussion of this issue the Chairman of the Council Gani Kasymov announced the following Resolution: "To recommend the National Chamber to contact JSC" NC "Astana EXPO-2017" on the issue of repayment of the debt to LLP "Sevstalkonstruktsiya" by the general contractor for construction of objects for EXPO 2017 for the performed work. Second, contact the General's Prosecutor’s Office on the subject of the verification of the legality of actions of Prosecutor's Office of Astana on the question of enforcement proceedings in favor of LLP "Sevstalkonstruktsiya".
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