Objection to the response of the defendant, the plaintiff, and the third party to the statement of claim
Attention! The Law and Law Law Company 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 in drafting any legal document that suits your situation. For more information, please contact a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (727) 971-78-58.
To the judge of the Specialized interdistrict Economic Court
courts of the Almaty region _______________.
From the plaintiff:
Plaintiff's representative: _______________ BIN _______________
tel.: _______________ email address: _______________
Law and Law Law Company LLP BIN 190240029071
79/71 Abylai Khan Ave., office 304, Almaty info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 978 5755; +7 700 978 5755
Respondent-1: Russian State University _______________
Respondent-2: GU _______________
Respondent-3: GU _______________
Respondent-4: LLP _______________ BIN _______________
Respondent-5: LLP _______________ BIN _______________
OBJECTION to the Respondent's review-4/LLP_______________
Respondent-4 submitted a response to the statement of claim in a civil case _______________ dated 08/21/20__ of the year. In his review, Respondent-4 indicates that on 16.01.20__ of the year according to the results of the Competition № _______________ between Defendant-4 and GU _______________ Ili district" an agreement was concluded on State procurement of works no.____ on the object: "Completion of construction and reconstruction of the kindergarten building in S.Kosozen Ili district of Almaty region" for the amount of _______________ tenge. According to Defendant-4, the kindergarten began to be built in 20__, the LLP that was engaged in the construction of this facility never completed the construction and "ran away." According to Defendant 4, construction was abandoned at the excavation level and not all structures were erected. This statement is not true for the following reasons: Firstly, there is a decision of the Specialized Interdistrict Economic Court of the Almaty region dated December 09, 20__, issued in a civil case №_______________ according to the claim of the State Institution "Department of Construction _______________ to the LLP _______________ on the collection of penalties, the obligation to complete construction and installation work, and recognition as an unscrupulous participant in public procurement. It follows from the content of this decision that the volume of outstanding works of LLP _______________ for the object, they amount to 5.2%, which in monetary terms is an amount equal to _______________ tenge (see Appendix no.13).
In accordance with Part 6 of Article 240 of the Civil Procedure Code of the Republic of Kazakhstan, upon the entry into force of a court decision, the parties and other persons involved in the case, as well as their legal successors, cannot re-assert the same claims in court on the same grounds, as well as challenge the facts and legal relations established by the court in another process. The solution _______________ The decision of the Almaty region dated December 09, 20__ entered into force, which means that the parties cannot dispute the facts established by the court. There is also a Definition _______________ of the Almaty region dated October 02, 20__, issued at the request of the LLP _______________ on the postponement of the execution of the court decision dated 09.12.20__. And there is also a Solution. _______________ Almaty region dated April 13, 20__ in a civil case on the claim of the State Institution "Department of Construction of the Ili district" to LLP _______________ about recognition invalid public procurement contract № _______________ dated October 02, 20__. Secondly, in the tender documentation of the Competition № _______________ there is a conclusion of the RSE "Gosexpertiza" in the Almaty region №_______________ dated November 12, 20__ according to the working draft: "Completion of construction and reconstruction of the kindergarten building in S.Kosozen Ili district of Almaty region" (correction) (hereinafter referred to as the Conclusion) (see Appendix No. 14). In accordance with paragraph 5.4 of the Conclusion, the purpose of the work project is to complete the construction and reconstruction of a kindergarten building in the village of Kosozen, Ili district, Almaty region. According to clause 6.1 of the "Existing condition", the kindergarten building is two-storeyed, with a technical basement, rectangular in shape with dimensions in the extreme axes. _______________ M.
The height of the floors of the technical floor is ________m. In the same paragraph, it is stated that as a result of an inspection of the technical condition of the bearing and enclosing structures of the kindergarten building, performed by the State _______________ In June 20__, it was established that the structural solutions of the existing building did not comply with the current building regulations of SNiP RK 2.03-30- 2006 "Construction in seismic areas", as well as damage to load-bearing structures. Additional measures are required to strengthen the building structures. According to clause 6.2.1 of the "Master Plan" on the territory of the site are located: the existing kindergarten building, which is subject to reconstruction. According to P.6.2.2 The kindergarten is located in a detached two-storey building with a basement. The total capacity is 110 people. In accordance with clause 6.2.3, the kindergarten building has been solved in existing structures, major repairs are being carried out to redevelop the premises of the block, and the side entrances have been changed. The existing building is two-storeyed, with a basement, rectangular in plan, with dimensions in the axes "1-10", "A-B" – 41.4 x 14.4 m, with a height of floors - 3.3 m, basement – 2.2 m, attic space – variable. It is also necessary to pay attention to clause 6.2.4, which provides for reinforcement of the frame columns and finishing work. Thirdly, paragraph 4 of the Acceptance Certificate of the facility is completely identical to paragraph6.2.3 Conclusions, which indicates that Osvetik-4 did not erect the supporting and enclosing structures of the kindergarten building (see Appendix No. 15).
Objection to the response of the defendant, the plaintiff, and the third party to the statement of claim
Also, the entire text of the Acceptance Certificate of the facility states "Completion of construction and reconstruction of the kindergarten building." Proof of the fact that the Defendant's facility is 4 "Completion of construction and reconstruction of the kindergarten building in S.Kosozen, Ili district, Almaty region" (correction)" is a reconstruction, which is confirmed by section 4 "Technological and architectural construction solutions for the facility are characterized by the following data" of the facility's Acceptance Certificate, which states that: "The kindergarten building has been solved in existing structures, the renovation of the indoor unit is being carried out, the side entrances have been changed." Further, in the second paragraph of this section, the following information is indicated: "The existing building is two-storeyed, with a basement, rectangular in shape, with dimensions in the axes "1-10", "A-B" - 41.4*14.4 with a floor height of 3.3 m basement - 2.2 m attic space - variable" (a copy of the state certificate was attached to the statement of claim). The definition of the term "reconstruction" is given in the Rules for the Organization of Construction and the Passage of Licensing procedures in the field of construction, approved by Order No. 750 of the Minister of National Economy of the Republic of Kazakhstan dated November 30, 20__ (hereinafter referred to as Rules No. 750). In accordance with subclause 14) of clause 4 of Regulation No. 750, reconstruction is a change in individual rooms, other parts of a building or a building as a whole, as a rule, associated with the need to update and modernize the object being modified.
Thus, the Defendant's object is 4 "Completion of construction and reconstruction of the kindergarten building in S.Kosozen of Ili district of Almaty region " (correction)" is a reconstruction. The building already existed and was being renovated, namely, some updates and upgrades of parts of the building were carried out. Dear Court, we would like to point out that at present it does not matter whether Defendant 4 built this facility from the foundation or dismantled the structure and rebuilt it, because when participating in the competition no.________ Defendant-4 did not attach any documents confirming the completion of work on the construction of load-bearing and enclosing structures. The form of the act of acceptance of completed works was approved by the Order of the Minister of National Economy of the Republic of Kazakhstan dated March 19, 20__, No. 229 "On approval of the Rules for organizing activities and performing the Functions of the customer (Developer)". Certificates of completed works are a document confirming the contractor's performance of a certain type of construction and installation work to a certain extent during the construction of facilities under contract or subcontract agreements.
The above-mentioned orders, in accordance with paragraph 2 of Article 7 of the Law of the Republic of Kazakhstan "On Legal Acts", relate to regulatory legal acts of the main type and are an official document. We also inform you that the basis for confirming the experience of works and services in the field of architectural, urban planning and construction activities in the Republic of Kazakhstan are acceptance certificates of completed works and acceptance certificates in accordance with the "On approval of uniform qualification requirements and a list of documents confirming compliance with them for activities in the field of architecture, urban planning and construction", approved by By Order of the Acting Minister of National Economy of the Republic of Kazakhstan dated December 9, 2014 No. 136. The calculation of construction work experience when participating in public procurement tenders is regulated by legislation in the field of public procurement. The legislation of the Republic of Kazakhstan in the field of architectural, urban planning and construction activities does not provide for the availability of other documents replacing acceptance certificates and acceptance certificates for completed works.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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