A claim for termination of contracts and compensation for damages
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To the Zhetysu District Court of Almaty
Plaintiff: K.J.K.
IIN.......
Almaty, m.... str., 2, sq. 148
cell 8747......
plaintiff's representative:
Law and Law Law Firm
lawyer Sarzhanov G.T.
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty
info@zakonpravo.kz / www.zakonpravo.kz
8 708 578 5758
plaintiff's representative: lawyer Sabit Davletovich Nigmetov
IIN 820125350700, Almaty, 79 Abylai Khan ave., office 313
hundred. 8 700 978 5755, 8 705 462 8284
The defendant is Vision Architects LLP
BIN 201140030445
legal address: Almaty, Zhetysu district, Kazybayeva St., 1
actual address: 223 Nazarbayeva St., Bostandyk district, Almaty
e-mail: visionarch.kz@gmail.com
cell phone/WhatsApp 8 747 659 6133
Claim price: 6,871,461 tenge
A claim for termination of contracts and compensation for damages
On September 5, 2022, the plaintiff K.Zh.K. and the defendant, Vision Architects LLP, represented by Director Asanov A.K., signed Contract No. 146 for the development of the interior design of Kvatira, located at 2 M. Street, block 148, Almaty. In fulfillment of its obligations under Contract No. 146 dated 09/05/2022, the plaintiff paid the defendant 850,000 tenge, which is confirmed by the payment receipt dated 09/05/2023. The defendant did not complete the work within the time period specified in the contract, and the partially provided drawings and visualizations do not meet the standards and quality stated at the signing of the contract. Thus, Vision Architects LLP violated the terms of the agreement. As a result, the plaintiff has largely lost what he was entitled to expect when concluding the contract.
On November 16, 2022, the plaintiff and the defendant, Vision Architects LLP, represented by Director Asanov A.K., concluded Contract No. 112-Z for the construction, installation, finishing and finishing works of an apartment located at 2 Ma Street, block 148, Almaty. According to obligations under Contract No.112-Z dated 11/16/2022. The plaintiff paid the defendant 1,224,000 tenge. However, the work was not completed within the time limit set by the contract.
On July 10, 2023, the plaintiff's representative sent the defendant a proposal for a pre-trial settlement of the dispute, namely, to conclude written agreements on termination of contracts and compensation for damages within 10 days of its receipt, however, the defendant ignored this proposal. The fact of sending the defendant a proposal for a pre-trial settlement of the dispute and its receipt by the defendant is confirmed by the receipts of Kazpost JSC dated 07/10/2023 (tracking tracking numbers no.UA057497830KZ, no.UA057497843KZ), notification f.119 of Kazpost JSC dated 07/12/2023. about receiving the mail, with screen shots of the post website.kz of Kazpost JSC, confirming the delivery of a proposal for a pre-trial settlement of the dispute.
According to the expert's conclusion No. 25/2023 dated May 10, 2023, the construction work performed by Vision Architects LLP does not comply with the building codes and regulations of the Republic of Kazakhstan.
According to the conclusion of specialist No. 25/2023 dated May 10, 2023, the cost of restoration work to eliminate identified violations during construction work under contract No. 112-Z dated 11/16/2022 is 1,661,511 tenge; the cost of missing building materials purchased to fulfill contract No. 112-Z dated 11/16/2022 is 2,344,188 tenge; The cost of the missing construction material purchased for the execution of the contract No. 112-Z dated 11/16/2022 is 791,762 tenge, totaling 4,797,461 tenge.
In connection with the above, we believe that the defendant, represented by Director Asanov A.K., acted unfairly towards his obligations under Contracts No.146 and No. 112-Z, and misled the plaintiff about the competence and professional skills of his employees.
According to Article 272 of the Civil Code of the Republic of Kazakhstan, "An 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 Article 277 of the Civil Code of the Republic of Kazakhstan, "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."
According to Article 628 of the Civil Code of the Republic of Kazakhstan, "The contractor is obliged to immediately notify the customer and, until receiving instructions from him, suspend work upon detection.:
1) unsuitability or poor quality of the materials, equipment, technical documentation provided by the customer or the thing transferred for processing;
2) possible adverse consequences for the customer of following his instructions on how to perform the work;
3) other circumstances beyond the contractor's control that threaten the validity or durability of the results of the work performed or make it impossible to complete it on time."
However, the plaintiff did not receive any warnings from Vision Architects LLP about the suspension of work under Contracts No.146 and 112-Z, in accordance with Article 628 of the Civil Code of the Republic of Kazakhstan.
According to Article 401 of the Civil Code of the Republic of Kazakhstan, "Modification and termination of the contract are possible by agreement of the parties, unless otherwise provided by this Code, other legislative acts and the contract."
According to Article 402 of the Civil Code of the Republic of Kazakhstan, "An agreement on the amendment and termination of a contract is made in the same form as a contract, unless otherwise provided by legislation, contract or business practices."
According to Part 5 of Article 403 of the Civil Code of the Republic of Kazakhstan, "If the basis for termination or amendment of the contract was a material violation of the contract by one of the parties, the other party has the right to demand compensation for damages caused by termination or amendment of the contract."
According to Part 2 of Article 627 of the Civil Code of the Republic of Kazakhstan, "If the contractor does not start executing the contract in a timely manner or performs the work so slowly that its completion by the deadline becomes clearly impossible, the customer has the right to withdraw from the contract and demand compensation for damages."
According to Part 3 of Article 635 of the Civil Code of the Republic of Kazakhstan, "If deviations in work from the terms of the contract or other shortcomings in the work are significant and unavoidable, or the discovered shortcomings have not been eliminated within a reasonable period established by the customer, the customer has the right to withdraw from the contract and demand compensation for damages."
According to Part 4 of Article 9 of the Civil Code of the Republic of Kazakhstan, "Losses mean expenses that are incurred or should be incurred by a person whose right has been violated, loss or damage to his property (real damage), as well as lost income that this person would have received under normal conditions of turnover if his right had not been violated (lost benefit)".
According to Part 5 of Article 403 of the Civil Code of the Republic of Kazakhstan, "If the basis for termination or amendment of the contract was a material violation of the contract by one of the parties, the other party has the right to demand compensation for damages caused by termination or amendment of the contract."
The amount of damages caused to the plaintiff was: 850,000 tenge - payment under Contract No. 146 dated September 5, 2022, 1,224,000 tenge – payment under Contract No. 112-Z dated November 16, 2022, 4,797,461 tenge – the cost of restoration work and missing construction material. In total, the plaintiff suffered losses in the amount of 6,871,461 tenge.
To determine the quality of construction work, the cost of restoration work and the missing building material, the plaintiff applied to Expert Knowledge and Assessment LLP for a specialized construction, technical and construction-economic study, the cost of services amounted to 450,000 tenge, which is confirmed by the Contract for the provision of specialist services, an Additional agreement to the Contract for the provision of Specialist services, receipts and fiscal receipts. To provide legal assistance, the plaintiff applied to the Law and Law Law Firm, and paid 600,000 tenge for the services of the Law Firm, which is confirmed A legal aid agreement, a payment receipt, and a receipt.
According to article 109 of the Civil Procedure Code of the Republic of Kazakhstan, "If a dispute has arisen as a result of a violation by a person participating in the case of a claim or other pre–trial dispute settlement procedure provided for by law or contract, including violation of the deadline for submitting a response to a claim, leaving a claim unanswered, as well as violation of an out-of-court dispute settlement procedure established by law, the court assigns court costs to this person regardless of the outcome of the case."
To date, the defendant has been avoiding damages, hiding from me, and unwilling to negotiate. I believe that in the future, the defendant will also hinder the execution of the court decision or make it difficult to execute the court decision by transferring property to third parties, by withdrawing funds from bank accounts, evading the bailiff and hiding property income. In this regard, measures should be taken to secure a claim in the form of seizure of the defendant's property and funds within the stated amount of the claim.
Based on the above, please:
- terminate the Agreement No. 146 dated September 5, 2022, concluded between Vision Architects LLP and K.J.K.;
- terminate the Agreement No. 112-Z dated November 16, 2022, concluded between Vision Architects LLP and K.J.K.;
- recover 6,871,461 (six million eight hundred one thousand four hundred sixty-one) tenge from the Limited Liability Partnership "Vision Architects" in favor of K.Zh.K. for damages;
- collect from the Limited Liability Partnership "Vision Architects" in favor of K.Zh.K.the court costs of paying the state fee in the amount of 72,165 tenge, for paying for the services of a specialist in the amount of 450,000 tenge, for paying for the assistance of a representative of 600,000 tenge, a total of 1,122,165 tenge.
Appendix: receipts for payment of state duty – 4 pcs., Contract No. 146 dated September 5, 2022, payment receipt, Contract No. 112-Z dated November 16, 2022, website and taplink of Vision Architects LLP, proposal for pre-trial settlement of the dispute, receipts of Kazpost JSC on acceptance of mail, Notification No.119 of Kazpost JSC, screenshot of the website of Kazpost JSC (1 Kazybayeva St.), screenshot of the website of Kazpost JSC (ave. Nazarbayev 223), an agreement on the provision of specialist services, an Additional agreement to the Agreement on the Provision of Specialist Services, receipts and fiscal receipts for the payment of specialist services, an agreement on the provision of legal assistance, a receipt for legal assistance, a receipt for legal assistance, a certificate of state registration of a legal entity, information about a registered legal entity, a power of attorney for Nigmetov S.D., power of attorney for Sarzhanov G.T., notice of representation of Nigmetov S.D., notice of representation of Sarzhanov G.T., certificate of attorney of Nigmetov S.D., certificate of lawyer Sarzhanova G.T., expert opinion No. 25/2023 dated May 10, 2023, statement of claim.
08/14/2023 G.K.Zh.K.
representative Nigmetov S.D.
Attention!
The Law and Law Law Firm draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you with legal advice and drafting any legal document that suits your situation.
For more information, please contact a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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