FBK Legal’s Team Successfully Represents Interests of Developer in Construction Dispute

The developer specialises in the construction of apartment buildings in Kemerovo and takes part in regional programmes for the construction of housing for disadvantaged population (orphans, people with disabilities, and pediatric patients).

The developer first turned to FBK Legal’s lawyers at the stage of preparing a cassation petition (case No. А27-20564/2021). The lawyers analysed case materials, prepared the cassation petition and managed to overturn the decisions and rulings of court of first instance and court of appeal.

Initially, the client refused to pay for the work not included in the calculation of the contract price and filed a lawsuit demanding to recover the unearned advance payment. The court of first instance and the court of appeal supported the client, making the developer return the unearned advance payment, and refused to recover the price of the work performed. Owing to the work of FBK Legal’s team, the case was sent back to the first instance for a new hearing.

During the new hearing, the client once again entrusted FBK Legal’s lawyers with litigation support. FBK Legal’s team came up with a clear strategy for the dispute, collected the necessary evidence, including additional expertise. Taking into consideration all the evidence in the case, the court of first instance fully satisfied the client’s counter-claim and dismissed the claim of the opposing party. The litigation, which lasted more than 3 years, has ended with a fair decision in favour of our client.

In the end, the litigation helped reduce our client's financial losses and avoid payment for unfounded claims. Since the project was of high social value and aimed at providing housing for orphans, the successful dispute resolution helped to avoid construction delays and provided for the timely commissioning of facilities.

We congratulate the following FBK Legal’s team members on the victory: Elena Bokareva, Partner, Ivan Zvonkov, Senior Lawyer, and Natalya Zinenkova, Senior Lawyer!