(28 January 2026 | Source: court press service)
In 2021, a state body and an LLP entered into a contract for the construction of an educational institution worth 2.2 billion tenge. The contractor was required to complete the work by 31 December 2023, but the facility was not brought into operation within the set deadline.
HOW THE COLLAPSE OCCURRED
In January 2024, a roof collapse occurred in the school's sports hall.
According to the technical report based on a comprehensive inspection, the cause of the accident was an unacceptable horizontal impact on the roof truss, which led to the failure of a welded joint and deformation of the load-bearing structures. It was established that the work performed did not conform to the design documentation and building regulations.
WHAT THE CONSEQUENCES COST
The consolidated cost estimate determined that more than 260 million tenge is required to eliminate the consequences of the collapse, restore the structures, and complete the construction.
To deal with the accident, the state body entered into separate contracts for design supervision and technical supervision, as well as for carrying out work on the unfinished construction, totalling over 266 million tenge. These expenses have been claimed as damages to be recovered from the contractor.
THE CONTRACTOR'S POSITION IN COURT
Objecting to the claim, the representative of the LLP stated that the damage to the structures allegedly occurred due to water freezing in the pipes, flooding of the roof during thaws, and the subsequent blockage of the system with ice.
The defendant also referred to the lack of heating in the building due to the untimely connection of utility services, placing responsibility on the client.
THE COURT'S LEGAL ASSESSMENT
The court did not accept the defendant's arguments.
It was established that, under the terms of the contract, the contractor bears responsibility for the quality of the work, the materials used, and the compliance of the construction with the design documentation and technical requirements.
The contractor guaranteed the reliability and safety of the structures and also accepted the obligation to compensate for losses caused by improper performance of the contract.
The court noted that potential operational and climatic factors must be taken into account at the design and construction stage and cannot serve as a basis for exemption from liability.
THE COURT'S DECISION ON THE RECOVERY OF FUNDS
Following the examination of the case, the Specialised Inter-district Economic Court of Kostanay Region granted the claimant's demands in full.
It was ordered that over 266 million tenge be recovered from the LLP to the regional budget, including the costs of establishing the causes of the collapse, rectifying the consequences of the accident, and completing the construction of the school.
The court's decision has not entered into legal force.