Proposal for a pre-trial settlement of the dispute
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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 in drafting any legal document that suits your situation.
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To the Director of Vision Architects LLP
BIN 201140030445
Email: visionarch.kz@gmail.com
Agreement No. 146 dated 05.09.2022
Agreement 112-Z dated 11/16/2022
legal address: Almaty, Zhetysu district, Kazybayeva St., 1
actual address: 223 Nazarbayeva St., Bostandyk district, Almaty
from K.J.K.Y.
Almaty, m.... str., 2, sq. 148
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 978 57 55; +7 700 978 57 55
Proposal for a pre-trial settlement of the dispute
On September 5, 2022, Contract No. 146 was signed between K.Zh.K. and Vision Architects LLP for the development of the interior design of Kvatira, located at 2 m... street, block 148, Almaty.
Vision Architects LLP did not complete the work within the time period specified in the contract, and 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, K.J.K. was largely deprived of what she was entitled to expect when concluding the contract.
On November 16, 2022, K.Zh.K. and Vision Architects LLP signed Contract No. 112-Z for the construction, installation, finishing and finishing works of an apartment located at the address: Almaty, M. str., 2, block 148. However, the work was not completed within the time period stipulated by the contract.
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.
In this regard, K..Zh.K. believes that Vision Architects LLP treated its obligations under Contracts No.146 and 112-Z in bad faith, and misled it about the competence and professional skills of its employees.
According to Article 386 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code of the Republic of Kazakhstan), the Contract enters into force and becomes binding on the parties from the moment of its conclusion.
In fulfillment of its obligations under the Agreement No. 146 dated 05.09.2022, Kairbayeva Zh.K. paid 850 000 tenge.
According to the obligations under the Agreement No. 112-Z dated 11/16/2022, K.Zh.K. paid 1,224,000 tenge.
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, K.Zh.K. 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 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 deficiencies in the work are significant and irremediable, or the discovered deficiencies 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."
In connection with the above, please:
- conclude a written Agreement with K.Zh.K. on termination of Contract No. 146 dated September 5, 2022 and refund her payment under the contract in the amount of 850,000 tenge.
- conclude a written Agreement with K.Zh.K. on termination of Contract No. 112-Z dated November 16, 2022, refund her payment under the contract in the amount of 1,224,000 tenge.
In addition to the above-mentioned monetary claims, we ask you to reimburse K.Zh.K. for the losses and expenses incurred in paying for legal assistance caused by improper execution of contracts. Exactly:
- KZT 1,661,511 – the cost of restoration work to eliminate identified violations during construction work under contract No. 112-Z dated 11/16/2022.;
- 2,344,188 tenge – the cost of the missing construction materials purchased for the execution of the contract No. 112-Z dated 11/16/2022.;
- 791,762 tenge – the cost of the missing building material purchased for the execution of the contract No. 112-Z dated 11/16/2022.;
- 450,000 tenge – the cost of paying for the services of a specialist for the conducted research;
- 600,000 tenge – expenses for legal aid.
In total, we ask you to pay 7,921,461 tenge to K.Zh.K.
Please provide a response within 10 days of receiving this offer. In case of failure to reach an agreement on termination of Contracts, K.J.K. will file a lawsuit with the court for termination of contracts and recovery of damages, with all court costs incurred by Vision Architects LLP.
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."
For a peaceful settlement of the dispute, we suggest contacting Kairbayeva Zh.K. at the phone number +77477220888.
With respect,
representative by proxy Nigmetov S.D.
" ".07.2023
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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