Justice has triumphed
Department of Housing and Communal Services of Karatal district failed to sue businessman for the failure to implement the project
Businessman Alexander Anikin appealed to the Chamber after the Department of Housing and Communal Services and Housing Inspection has filed a lawsuit against his company for recognition of him as an unfair participant of public procurement. Last year, LLP "Geodezia services" had to execute design works in Karatal district. But due to the negligence of the state agency, the company was nearly included into the list of unfair participants of public procurement. It turned out that the reason for going to court was the delay in the implementation of the contract. But the lawyer Diaz Otashbaev found that the violation has been committed by the public institution.
"In the course of the consideration of the case, it was established that the cause of delay in execution of works by LLP "Geodezia services" was the violation of the contract by the customer. If the agreement between the parties was signed on 18.12.2014, the task for design was presented by the customer only on 08.17.2015, and all technical conditions on 09.23.2015. Despite the illegality, the state body sued the company", - said Otashbaev.
In addition, the court found that the customer reduced the time frame. According to the requirements the standard duration of the design works takes 11.2 months, and the contract stipulated 6.9 months.
"As a result of these circumstances, LLP was not given the opportunity to promptly perform the work under the contract. Therefore Specialized Interdistrict Economic Court of Almaty region dismissed the case of the state body. Upon detection of the violation of the law, the court issued a special ruling in the address of Akimat of Karatal district", - said the expert.
Upon restoration of his reputation in the court, Alexander Anikin expressed his gratitude to RCE.
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