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“Postponing the deadline for the new boathouse of the Northern Shipyard may entail additional costs” — Vitaly Karpenko’s comment for Delovoy Peterburg

The Arbitration Court of St. Petersburg and the Leningrad Region satisfied the claim of Syzran JSC Tyazhmash and recovered 104.4 million rubles from PJSC Shipbuilding Plant Severnaya Verf for storing eight delivered but unidentified heavy cranes for several years, and also ordered the customer to take them for himself. The shipbuilders responded with a counterclaim — to recover 685.4 million rubles in penalties and oblige the contractor to complete the assembly of products, but lost in the first instance.

Filing a counterclaim is a common practice in supply disputes. It is stated when the opponent has mutual claims against the plaintiff, but he did not go to court first for various reasons, for example, because of uncertainty about his chances of success,

— says Vitalii Karpenko, a leading lawyer at Prime Advice.

In his opinion, the counterclaim was probably filed by the Northern Shipyard in order to settle the dispute and come to an agreement before the court makes a final decision.

This seems logical, since Tyazhmash's position is stronger from the point of view of documentary justification. Correspondence, documents, which Tyazhmash has, as follows from the court decision, turned out to be enough, are very important in such disputes,

— explains Vitalii Karpenko.

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