Dispute between the companies for 3 million tenge
A contract №1068 was signed between JSC "NC" KTZ" (customer) and LLP "PSD STROY-PROEKT" (contractor) on procurement of services of land titling under the railway lines, power lines, communication lines, buildings on October 18 2016.
The contractor had undertaken to implement all the work for 2016 and 2017. Services for 2016 were actually provided, but nothing has been done for 2017. In this regard, the customer sent to the contractor the notice of termination from December 29 2017 specifying the sum of penalty fee and a fine of 3 618 596, 80 tenge.
In its turn the contractor LLP "PSD STROY-PROEKT" asked “Atameken” to solve the problem within the framework of contract relations between the customer and the contractor.
According to the LLP "PSD STROY-PROEKT", workload application without the specifying the objects that were needed to be formalized for 2017 was sent to them on May 19 2017, which meant a delay of more than 5 months from the beginning of 2017.
Moreover, the customer asked to backdate the document to 1 April 2017.
Atameken hold a meeting with the representatives from the customer and the contractor on 26 January 2018 to address the issues before judicial management. During the negotiations, the contractor submitted all the documents of partially performed work for 2017. But the customer’s position remained unchanged. The contractor was given a legal advice and was recommended to appeal to a judicial body.
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