FBK Legal Defends Client in ₽2.2 Billion Construction Dispute
FBK Legal has represented a general contractor of major oil refinery construction in Omsk, Russia.
A subcontractor filed a lawsuit against the general contractor to claim RUB 1.1bn for work performed, damages in the amount of the contractor’s indirect costs (RUB 700m) and the costs incurred to build 220 square metres of scaffold (RUB 300m).
The dispute was complicated by the need to examine a substantial number of construction documents, daily communication with refinery specialists and construction experts.
Our lawyers argued that it was allowed not to pay for work in case of issues with as-built documentation or missing as-built documentation, because the customer was unable to use the results of the work. In spite of controversial judgements and lack of consensus in similar cases, our lawyers managed to win the dispute.
Elena Bokareva, Partner, Head of Legal Support Services to Strategic Clients, thinks that this outright victory is a great way to start the year 2023.