The Krasnodar City Hall plans this year to complete the termination of the contract with the contractor for the reconstruction of the cinema "Aurora". Based on the results of the examination, the municipality considers the probability of going to court. To finish the facade of the building and other outdoor works you need about 300 million rubles. However, the city will not be able to allocate the right amount. The mayor's office notes that the object is not interesting to investors, but do not rule out the possibility of public-private partnership. According with lawyers, judicial prospects for both sides are equally ambiguous.
According with words of the partner of the National Law Company "Mitra" Roman Djakov, if the contractor company has violated the terms of the contract, the mayor's office has all chances to terminate the contract. "Facade work does not require a building permit, and repair of load-bearing structures requires. Moreover, in order to obtain this permission, project documentation is required, in respect of which a positive opinion of the relevant expertise has been obtained, "Mr. Diakov said, adding that if the company did not inflict significant damage on the restored object and the facade works were performed qualitatively and on time, the contractor has the right to demand payment for works. "In itself, the termination of a contract does not exempt from the obligation to pay for what has been done. Violations of the contractor do not abolish his right to demand payment for the work that he produced, and the municipality has to pay. In turn, this does not negate the right of the municipality to claim damages, if any. Here it is necessary to conduct an examination, and possibly a whole series of examinations, and then the court will decide, "the lawyer said.
Materials were taken from “Kommersant”
