“Tanks rumbled in the shop: RAMEK-VS closed the contract in the Urals in the courts” — Elena Golubeva’s comment for Delovoy Peterburg
"RAMEK–VS" JSC because of the contract in the Urals was involved in disputes in several arbitration courts
"RAMEK-VS" JSC in addition to the production of computers and peripheral equipment also, according to "Contour.Focus", is engaged in the construction of residential and non-residential buildings. The company, which revenue in 2019 reached 2.8 billion rubles, in February 2019 signed a contract with "Research and Production Corporation"Uralvagonzavod" JSC. Under its terms, RAMEK-VS completed the 120 BIS workshop (a mechanical assembly shop for the production of tanks) in Nizhny Tagil for 684.5 million rubles. Under this contract, the contractor provided a guarantee of the Eastern Express Bank for 205 million rubles, the customer advanced the construction.
Advance payment as a loan
However, the cooperation quickly ended: in January 2020, Uralvagonzavod terminated the contract, which led to several arbitration processes in Moscow and Yekaterinburg.
Thus, Uralvagonzavod itself filed a claim against RAMEK–VS in the Arbitration Court of the Sverdlovsk Region for the recovery of about 150 million rubles. The customer interpreted the advance received by the contractor as a commercial loan and demanded interest for the use of it. Elena Golubeva, a leading lawyer at the Prime Advice, points out that although the idea of an advance as a commercial loan is possible itself, the contract does not contain the usual condition for the paid use of the advance.
In practice, this means that if the party who provided the advance wants to receive interest for this, the corresponding condition must be included in the contract,
– the expert clarified.