"Ural Carriage-Building Plant contra Ramek-VS"

2020: "Ural Carriage-Building Plant contra Ramek-VS"

As found out CNews, the Ural Carriage-Building Plant scientific and production corporation of F.E. Dzerzhinsky did not manage to exact 147.9 million rubles from Ramek-VS IT integrator (plus dynamically calculated additional penal charges) within the broken engineering^[1].

It follows from the decision of Arbitration court of Sverdlovsk region which with claims to Ramek Ural Carriage-Building Plant took at the beginning of October, 2019. At the end of June, 2020 claim requirements to it were dismissed. The court made the complete text of the solution on July 8.

Let's remind, the Ural Carriage-Building Plant entering a guidance loop of Rostec and based in Nizhny Tagil is the profile enterprise of dual purpose which makes not only cars, but also military equipment, for example the fighting T-90 and T-14 tanks.

As it appears from documents of court, Ramek under the agreement with Ural Carriage-Building Plant had to complete for it the construction of workshop "120 large-scale integrated circuits". The amount of the agreement was 684.5 million rubles. For benefit of Ramek the advance payment in the amount of 205.4 million rubles was transferred.

Construction had to be performed from February 13 to November 30, 2019. However on January 20, 2020 Ural Carriage-Building Plant sent to the contractor the notification on agreement cancelation "in connection with improper execution of obligations". The state company required to return the amount of unfinished advance payment in the amount of 179.3 million rubles and also to pay different penalties and penalties.

As a result on the warranties of Vostochny bank which had at its order in March, 2020 Ural Carriage-Building Plant could summon to itself a full amount of advance payment — upon, having returned to itself and money for really performed works. However the state company was not satisfied with it.

"According to the claimant, in connection with improper execution of agreement obligations of "Ramek-VS" it is deprived of the right to economic incentives (free use of an advance payment amount), and rules of Article 823 of the Civil Code of the Russian Federation about a commercial credit are applied to advance payment", said in court documents. Proceeding from it, Ural Carriage-Building Plant calculated the above-mentioned amount of 147.9 million rubles as interest for using "credit" and requested it through court.

According to the results of trial these requirements of state company were dismissed. This solution can be appealed within a month. Ural Carriage-Building Plant reported to CNews that the company intends to use this right because with court's decision it does not agree.

Ural Carriage-Building Plant itself is guilty of a project failure

From the judgment it is possible to conclude that during trial judges considered that Ural Carriage-Building Plant made the actions itself performance of the contract properly impossible. "The court comes to a conclusion that the defendant had real obstacles in execution of works", said in documents.

In particular, the agreement meant that the customer will get the permission for construction of an object and will transfer him to the general contractor no later than February 14, 2019. However the existing construction license was transferred to realities to the general contractor only on September 16, 2019, i.e. after seven months from the date of signing of the contract that is confirmed by the corresponding notification. "The plaintiff's declaration about timely providing the construction license to the defendant of the notarized copy is refuted by case papers" — judges note.

Also, from the point of view of court, on the eve of works to which preservation of an object preceded the claimant out of time organized carrying out its necessary technical inspection.

"By court it is established that the project and estimate and work documentation was transferred by the claimant to the period from March 20, 2019 to January 16, 2020, said in the conclusion. — Thus, in defiance of the assumed liabilities the design estimates and the work documentation with a stamp 'In works' the claimant are timely not issued".

"Thus, action (failure to act) of the claimant which was expressed in non-execution by the customer of the obligations for the agreement as untimely providing the construction license, untimely technical inspection of an object after preservation, untimely transfer of the building site, untimely providing the project and estimate and work documentation, delay in supply of equipment, changes of types and amounts of works deprived of the general contractor of an opportunity to perform works on the agreement at the scheduled time" — judges summarize.

What for workshop Ramek had to complete

By data from open sources, the project of construction of workshop "120 large-scale integrated circuits" started at the end of 2013 and had to come to the end at the beginning of 2015. The cost of building stated initially was 7.4 billion rubles Ural Carriage-Building Plant presented it as the large project, the first for the last 20 years, on release of special equipment of the latest generation. On the area of 18 thousand sq.m had to place five mechanical sections. It was going to create new jobs for 500 people at once.

"Thanks to new workshop the corporation will fully carry out the tasks of release of the special equipment set by the Ministry of Defence" — wrote the Mashinostroyetel edition on start, without concretizing that will begin to be made on an object.

As notes the Pravda URFO edition, in 2016 the plant's management decided to preserve the expensive problem project. According to data from the portal of State procurements, in April, 2016 the purchase order of services of the only supplier was placed. "Magnitogorsk gipromez" more than for 5 million rubles had to develop the work documentation on preservation and a rekonservation of an object of incomplete construction. The agreement between the parties was signed in June, 2016, and residents of Magnitogorsk had to give ready work to the customer on December 31, 2016. But the decree on change of the owner of state corporation was signed, and Ural Carriage-Building Plant passed under management of Rostec. As a result the tank-building plant did not begin to do preservation. An object was for a long time thrown without preservation.

Notes