A claim for debt collection for construction and contract work.
To the Specialized Interdistrict Economic Court of East Kazakhstan Region
East Kazakhstan region. Ust-Kamenogorsk, Shakarim St., 60.
Phone: +7-705-569-46-83, 8 /7232/ 75-21-71 .
E-mail: 160202@sud.kz
THE PLAINTIFF:
I. P. LLP, BIN.
East Kazakhstan region, Ust-Kamenogorsk,
59 Sh. street.
Phone: +7-.
representatives:
THE DEFENDANT:
C. kz LLP. BEAN ...
Almaty, Tole bi str., ... 13th floor.
Phone: +7-777-..
E-mail: …
STATEMENT OF CLAIM
about debt collection
In 2023, there was a contractual legal relationship between the Plaintiff and the Defendant for the performance of construction and contract work.
1. Contract No. 28/10/23 dated August 28, 2023 for the performance of electrical installation work at the Multi-storey residential building (position 87) in the amount of 1,444,480 tenge.
2. Contract No. P-51 dated September 22, 2023 for the installation of a fire alarm system, commissioning in the amount of 1 089 480 tenge.
All the specified types of work were completed by the Plaintiff on time and in full. There are no complaints about the quality of the work performed. All types of work performed by the Plaintiff were accepted by both the Defendant and the government authorities authorized to do so. The fact that the contract work has been completed in full and within the time limits stipulated by the contract is confirmed by Acts of Completed Work and a response to debt notices dated November 28, 2023.
However, despite this, the Defendant has so far failed to fulfill its obligations under the contracts, which violates the material rights of the Plaintiff.
According to the terms of clause 3.3 of the Contract No. P-51 dated 09/22/2023, payment will be made in the form of non-cash payments upon completion of work by transferring funds to the contractor's current account.
Thus, according to the act of completed works No. 4 dated 12.10.2023, the terms of the contract No.P-51 dated 22.09.2023 were fulfilled by the Plaintiff in full and ahead of schedule. The invoices for the payment were submitted to the Respondent in accordance with the terms of clause 3.8 of the said Agreement. However, no payment has been made so far. As of 11/01/2024, the total number of overdue days is 382 days.
In accordance with the terms of clause 7.6 of the Contract No. P-51, in case of late payment by the Customer of the amounts due to the Contractor for the completed volumes for the month, the Contractor has the right to charge, and the Customer is obliged to pay a penalty in the amount of 0.01% of the outstanding amount for each day of delay, but not more than 10% of the unpaid amount due to the Contractor.
In our case (under Contract no. P-51 dated 09/22/2023):
- the total amount of debt is 1,089,450 tenge;
- 10% of the total amount of debt – 108,945 tenge;
- the number of overdue days is 382 days.
- 0.01% of the outstanding amount – 109 tenge.
109 x 382 = 41,638 tenge. Thus, under the Contract No. P-51 dated 09/22/2023, an amount in the amount of 1 131 088 (1 089 450+41638=1 131 088) tenge.
In our case (under Contract No. 28/10/23 dated 08/28/2023):
- the total amount of debt is 1,419,780 tenge;
- 10% of the total amount of debt – 141,978 tenge;
- the number of overdue days is 415 days.
- 0.01% of the outstanding amount – 142 tenge.
142 x 415 = 58,930 tenge. Thus, under the Contract No. 28/10/23 dated 08/28/2023, an amount of 1 478 710 (1 419 780+58 930=1 478 710) tenge.
A total of 2,609,789 tenge under two contracts.
The defendant, in his reply dated 11/28/2023 submitted to our notification, fully acknowledges that the work under the above-mentioned contracts has been completed in full and within the agreed time frame without deviation from the PSA. It follows that the Defendant is obliged to make the payment in full. However, the Defendant mistakenly believes that the terms of payment for the work performed are not specified in the contract, although clause 3.3 of these agreements explicitly states that payment will be made in the form of non-cash payments upon completion of the work by transferring funds to the contractor's current account.
272 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code), the obligation must be performed properly in accordance with the terms of the obligation and the requirements of the law, and in the absence of such conditions and requirements – in accordance with business practices or other commonly imposed requirements.
According to the norms and requirements of Article 277 of the Civil Code, if an obligation provides for or allows determining the day of its fulfillment or the time period during which it must be fulfilled, the obligation must be fulfilled on that day or, accordingly, at any time within such a period. In cases where an obligation does not provide for a time limit for its performance and does not contain conditions that make it possible to determine this time limit, it must be fulfilled within a reasonable time after the occurrence of the obligation. An obligation not fulfilled within a reasonable period of time, as well as an obligation whose due date is determined by the moment of demand, the debtor is obliged to fulfill within seven days from the date of the creditor's demand for its fulfillment, unless the obligation to fulfill within another period follows from legislation, the terms of the obligation, business practices or the nature of the obligation.
In our case, the Defendant, by showing complete inaction, commits a violation of the Plaintiff's substantive and procedural rights. As a result, he was forced to resort to qualified assistance from a law firm and incurred legal costs for paying for the services of a representative in the amount of 10% of the amount owed and the state fee to the court when filing this claim in the amount of 3% of the amount of the claim (10% - 260 980 tenge and 3% - 78 294 tenge). A total of 339,274 tenge.
According to the terms of clause 10.2 of the Agreement, if the dispute and disagreements cannot be resolved through negotiations, they are subject to judicial resolution in accordance with the current legislation of the Republic of Kazakhstan in the Specialized Interdistrict Economic Court of East Kazakhstan region. It follows from this that this case is under the jurisdiction of the Council of Ministers for East Kazakhstan Region.
Based on the above, guided by the norms of the procedural law of the Republic of Kazakhstan, I request a Specialized Interdistrict Economic Court in East Kazakhstan region.:
1. To recover from the Defendant "C" LLP. kz" in favor of the Plaintiff LLP "I. P." the amount of debt in the amount of 2,509,230 tenge.
2. Recover from the Defendant LLP "C. kz" in favor of the Plaintiff, I. P. LLP, a fine in the amount of 100,568 tenge.
3. To recover from the Defendant "C" LLP. kz" in favor of the Plaintiff, I. P. LLP, the amount of court costs in the amount of KZT 339,274 (representative services 260 980, state duty to the court 78 294).
In the application:
1. Contract No. 28/10/23 dated 08/28/2023
2. Contract no. P-51 dated 22.09.2023
3. Act of completed works No. 3 dated 30.09.2023.
4. Act of completed works No. 4 dated 12.10.2023.
5. The Respondent's response to the debt notice dated 11/28/2023.
6. Report on the work done under contract No. 28/10/23 dated 08/28/2023.
7. Debt notification letter.
8. Certificates of state registration of the Plaintiff and the Defendant from EGOV.
9. A copy of the personnel order and power of attorney addressed to the representative.
10. A copy of the power of attorney and an extract from the register for the second representative.
Plaintiff's representative A. A.
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