The specialised inter-district economic court of the Zhambyl region examined a civil case regarding a claim by the regional akimat apparatus against LLP «K.» for recognising the company as an unreliable participant in public procurement and recovering a penalty.
According to the press service of the region's courts, in June the parties entered into a contract for the repair of the dome of the akimat building, worth over 24 million tenge with a work completion period of 60 days. However, the contractor did not fulfil its obligations properly and failed to meet the deadline, after which the customer filed a lawsuit.
The defendant did not admit the claim, stating that the delay was due to the customer's ban on the complete dismantling of the glass elements of the dome. According to him, the akimat insisted on a phased replacement, which complicated the execution of the work.
In September, the akimat drew up a report recording significant defects: lack of tinting on 23 panes of glass, damage to some panes without replacement, buckling of galvanised sheets, gaps in the dome structure, an uninstalled hatch, and unremoved construction debris.
The plaintiff's representative explained that the requirement for a phased replacement of the glass was driven by a desire to avoid increased public attention, since the dome is a central element of the building. Ultimately, LLP «K.» voluntarily paid a penalty in the amount of over 743 thousand tenge.
The court partially granted the claim: LLP «K.» was recognised as an unreliable participant in public procurement. The claim for recovery of the penalty was rejected, as it had already been paid voluntarily.
It will be recalled that previously the construction department of Almaty filed a lawsuit against the contractor LLP «Golden City DS». The department is seeking to have the company recognised as an unreliable participant in public procurement and to recover a penalty.