The court partially satisfied the claim of the developer "SMU-5" against its contractor.
In the summer of 2024, the Kirov developer "SMU-5" entered into a contract with the Kirov company "AGS Komplekt" for the manufacture and supply of facade decor elements and other structures. However, in the spring of 2025, the contractor announced its refusal to fulfill the contract due to non-fulfillment of payment obligations. Since the customer had paid an advance, the parties attempted to agree on how much each owed the other, but they could not reach a consensus.
As a result, the developer turned to the Arbitration Court of the Kirov Region, demanding to recover 2.08 million rubles from the contractor, including 2.03 million rubles that were transferred as an advance, and interest for the use of the funds. "AGS Komplekt" stated that it incurred expenses while performing the work under the contract that needed to be reimbursed and filed a counterclaim, demanding to recover 1.79 million rubles from "SMU-5," including 1.58 million rubles for project work expenses and interest for the use of the funds. The developer objected, stating that payment for project work was not provided for in the contract.
The court of first instance ruled to recover 525 thousand rubles from the contractor in favor of "SMU-5," including 441 thousand rubles of debt and 83 thousand rubles of interest. It denied the satisfaction of the remaining claims in the first lawsuit and all claims in the second lawsuit. The developer filed an appeal, but the decision was upheld in the Second Arbitration Appeal Court.
Другие Новости Кирова (НЗК)
The court partially satisfied the claim of the developer "SMU-5" against its contractor.
The company only won a portion of the funds it had planned.
