Response to a claim for recovery of the amount owed under construction contracts
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
from the Defendant: C. kz LLP
represented by Director D. O.F.
BEAN .
280, 13th floor, Almaty.
8 (727) …, 301 50 24.
Representative by proxy:
Lawyer Sarzhanov Galymzhan Turlybekovich
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+7 708 578 57 58; + 7 727 971 78 58.
Feedback
for a claim for recovery of the amount owed under Construction Contracts
There is a civil case in your proceedings No. 6309-24-00-2/3180 on the claim of I. P. LLP against C. kz" on the recovery of the amount, with the requirements:
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).
The specified requirements in the claim are not agreed due to the following circumstances:
In fact, there were contractual legal relations 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.
The above-mentioned relations correspond to clause 1 of Articles 151, 616 of the Civil Code of the Republic of Kazakhstan, which stipulates that transactions are made orally or in writing (simple or notarized). Also, under the contract, one party (contractor) undertakes to perform certain work on behalf of the other party (customer) and deliver its result to the customer within the prescribed period, and the customer undertakes to accept the result of the work and pay for it (pay the price of the work).
In his statement of claim, the Plaintiff argues that: "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 was completed in full and within the time limits stipulated by the contract is confirmed by Acts of completed work and a response to the notification of arrears dated November 28, 2023."
We cannot agree with these arguments based on the arguments listed below:
Regarding the agreement No.DP-28/10/23 dated September 22, 2023.
Subcontract No. 28/10/23 was concluded on September 28, 2023 for the performance of electrical installation work at the multi-storey residential building (position 87) facility in the amount of 1,464,480. The work has been completed, and certificates of completed work have been signed.
Due to the fact that the parties had borrowed claims on the specified dispute, accordingly, they could not come to a peaceful settlement of the case.
Thus, on November 24, 2024, we conducted an inspection of the facility under the specified contract, as a result, a discrepancy in equipment (missing) 87 items was found in the amount of 1,181,507.68 the amount for work according to the specification of equipment and materials not exhibited was 611,700 tenge.
In total, the amount of their debt to us for equipment and unfinished work on the 87th position is 1,793,207.68 tenge.
In addition, in accordance with clause 8 of the Contract, the Subcontractor guarantees the high quality of the work performed, in accordance with the applicable regulatory and technical documentation, GOST SNiP and TU.
In accordance with clause 8.2, the warranty period for the work performed by the Subcontractor is set at 60 months from the date of signing the Act of the Work Commission for Completed Work.
Based on the above, we received an Act of Non-Compliance dated November 12, 2024 from the final owner of the MZHD AXIS, 68 Iliyas Yesenberlin St., represented by Chairman Kasimov M.B. (Dale AXIS).
Where the Act describes on the object of a Nine-storey residential building located at 68 Iliyas Yesenberlin St., Automatic fire alarm equipment, Central control panel, Devices located on each floor. The entire APS system and the Video Surveillance System have critical problems and it is necessary to detect the causes of the failure and eliminate it.
Clause 8.3 of the Contract stipulates that if, before the expiration of the warranty period, defects or premature complete or partial destruction of the work performed were detected, which led to the impossibility of normal operation of the work performed by the subcontractor, documented by a bilateral act, the Subcontractor is obliged to perform additional work to eliminate them at its own expense.
On 11/18/2024, for ext. No. 1811/24, the Defendant sent a Notice of Troubleshooting and requested, in accordance with clause 8.3 of the Contract, to immediately travel to the facility with a representative of the Contractor and organize work to eliminate the causes of the problems.
A violation of an obligation is understood as its non-fulfillment or improper fulfillment, which contradicts Article 349 of the Civil Code of the Republic of Kazakhstan, which is unacceptable according to Article 272 of the Civil Code of the Republic of Kazakhstan.
Clause 8.12 of the contract provides for the Warranty period of the work performed by the Contractor to be set at 60 months from the date of signing the Act of the working commission for the completed work.
On 12/03/2024, we received a review from the Plaintiff, which provides arguments. We do not dispute that a Subcontracting Agreement No.DP-28/08/23 was concluded between us on August 28, 2023, which was terminated by the Termination Agreement dated October 10, 2023.
At the same time, during the investigation of the circumstances of the case, we became aware that from the end user represented by the AXIS of the Moscow Railway named after I. Yesenberlin Street, 68, in particular, by Chairman Kasymov M.B., a letter of claim addressed to both I. P. LLP and C. kz" was not received. It follows that there is no claim from the end user. Accordingly, we have not previously received notifications from you about the need to fix certain parts of the types of work performed within the warranty period.
At the same time, our specialists conducted an inspection of the APS as part of the warranty service of this facility. During the survey, it was found that equipment replacement and system reconfiguration were required. As a result, we contacted the chairman of the AXIS of the Moscow Railways, K. M.B., to whom we explained the situation and agreed on the procedure and mechanism for troubleshooting the identified problems, which will take 10 working days free of charge. In this regard, they found a compromise with the chairman of the AXIS of the MZhD.
However, to date, the problems on the part of the Plaintiff have not been fixed.
Clause 8.4 of the Contract stipulates that if the subcontractor refuses to draw up or sign an act of discovered deficiencies, the Contractor appoints a qualification examination to confirm them, which will draw up an appropriate Act recording the deficiencies and their nature, which is the basis for the Contractor to submit claims to the Subcontractor.
According to clause 7.5. For non-fulfillment or improper fulfillment of obligations not provided for in clause 7.4., but provided for in the terms of this Agreement, including clauses 4.2., 5.2, 5.7, a fine in the amount of 1,000 tenge to 10% of the total amount of the Annex to this Agreement is imposed on the Subcontractor, at the discretion of the Contractor, as well as The Subcontractor fully reimburses all losses actually incurred by the Contractor as a result of non-compliance with its obligations.
Subsequently, the Defendant sent a Pre-trial claim to the Plaintiff for ext. No. 2811/24 dated 11/28/2024, where the Defendant offered voluntary payment for the damage in the amount of 1,500,000 tenge, by December 05, 2024. If you do not pay within the specified period, we reserve the right to take this matter to court. As well as the recovery of the amount of material (damages and penalties, Article 351 of the Civil Code of the Republic of Kazakhstan) and representative services in the amount of 500,000 tenge. Also, contact other competent authorities for criminal and administrative prosecution.
According to clause 7.5. For non-fulfillment or improper fulfillment of obligations not provided for in clause 7.4., but provided for in the terms of this Agreement, including clauses 4.2., 5.2, 5.7, a fine in the amount of 1,000 tenge to 10% of the total amount of the Annex to this Agreement is imposed on the Subcontractor, at the discretion of the Contractor, and The Subcontractor fully reimburses all losses actually incurred by the Contractor as a result of non-compliance with its obligations.
In accordance with clause 3.8 of the above-mentioned Agreement, it is provided that "Payment under the Agreement is made by the Customer in the amount determined as the difference between the amount indicated in the Certificates of Work Performed signed by the Customer and the amount of the granite retention, based on invoices provided by the Contractor, taking into account the amount of the guarantee retention.
Also, clause 3.9 of the above-mentioned Agreement provides that "The Customer has the right to deduct from the amount of the guarantee deduction compensation for all costs and losses (including material overruns and other losses) that have arisen as a result of the Contractor's failure to fulfill or improper fulfillment of its obligations under this Agreement, having previously notified the Contractor in writing."
Clause 4.2.15 of the Contract stipulates that "The Contractor undertakes to compensate the Customer's losses in the event of improper fulfillment of obligations assumed by the Contractor, resulting in the termination of this Contract.
Clause 5.12 of the Contract stipulates "If the work is performed by the Contractor with deviations from the Contract, which worsened the work, or with other defects that make it unsuitable for the contract provided for in the contract or, in the absence of a corresponding condition in the contract, for normal use, the Contractor is obliged, at the choice of the Customer:
1) Eliminate the shortcomings of the work free of charge within the time limits set by the Customer;
2) Proportionately reduce the price set for the work;
3) Reimburse the Customer's expenses for self-repair of defects.
The plaintiff also requests in his claim to collect a penalty in accordance with the terms of clause 7.6 of the Contract, in case of late payment by the Customer of the amounts owed 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 amounts due to the Contractor.
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.
In accordance with Articles 68, 72 of the CPC of the Republic of Kazakhstan, each party must prove the circumstances to which it refers as the grounds for its claims and objections, each evidence is subject to assessment taking into account relevance, admissibility, reliability.
In terms of accrued penalties, they disagree because this amount of penalty is excessively large compared to the creditor's losses whereas according to art. 35 of the Law on Banks and Banking Activity states that "The amount of the penalty (fine, penalty fee) for violating the obligation to repay the loan amount and (or) pay remuneration under a bank loan agreement concluded with an individual may not exceed 0.5 percent of the overdue payment amount for each day of delay, after ninety days of delay. ninety days of delay may not exceed 0.03 percent of the overdue payment amount for each day of delay, but not more than ten percent of the loan amount for each year of the bank loan agreement."
According to art. 297 of the Civil Code of the Republic of Kazakhstan, if the penalty payable is excessively large compared to the creditor's losses, the court has the right to reduce the penalty, taking into account the degree of fulfillment of obligations by the debtor and the debtor's interests that deserve attention, the court reduces the debtor's liability if the creditor intentionally or negligently contributed to an increase in the amount of losses caused by non-performance or improper performance, or did not take reasonable measures to reduce them.
Regarding the agreement No. P-51 dated September 22, 2023.
Contract No. P-51 was concluded on September 22, 2023 for the amount of 1.089.480 with a schedule of work until October 30, 2023.
An advance payment of 115,200 tenge was made under this agreement on September 22, 2023.
The work was completed on time, and the certificates of completed work were signed. 90% of the act amount minus prepayment is payable, i.e. 980.532-115.200=865.332 tenge with a refund in September 2028 of the guarantee deduction in the amount of 108.948 tenge.
In accordance with clause 3.8 of the above-mentioned Agreement, it is provided that "Payment under the Agreement is made by the Customer in the amount determined as the difference between the amount indicated in the Certificates of Work Performed signed by the Customer and the amount of the granite retention, based on invoices provided by the Contractor, taking into account the amount of the guarantee retention.
Also, clause 3.9 of the above-mentioned Agreement provides that "The Customer has the right to deduct from the amount of the guarantee deduction compensation for all costs and losses (including material overruns and other losses) that have arisen as a result of the Contractor's failure to fulfill or improper fulfillment of its obligations under this Agreement, having previously notified the Contractor in writing."
Clause 4.2.15 of the Contract stipulates that "The Contractor undertakes to compensate the Customer's losses in the event of improper fulfillment of obligations assumed by the Contractor, resulting in the termination of this Contract.
In addition, clause 5.12 of the Contract stipulates "If the work is performed by the Contractor with deviations from the Contract, which worsened the work, or with other defects that make it unsuitable for the contract provided for in the contract or, in the absence of a corresponding condition in the contract, for normal use, the Contractor is obliged, at the choice of the Customer.:
1) Eliminate the shortcomings of the work free of charge within the time limits set by the Customer;
2) Proportionately reduce the price set for the work;
3) Reimburse the Customer's expenses for self-repair of defects.
Paragraph 7.5 of the Agreement also provides that "For non-fulfillment or improper fulfillment of obligations not provided for in paragraph 7.4., but provided for in the terms of this agreement, including paragraphs 4.2., 5.2., 5.7. of this agreement, a fine in the amount of 1,000 tenge to 10% of the total amount is imposed on the Contractor the relevant annex to this agreement is at the discretion of the Customer, and also fully reimburses all actual possible losses incurred by the customer as a result of the Contractor's failure to comply with its obligations."
Clause 8.12 of the contract provides for the Warranty period of the work performed by the Contractor to be set at 60 months from the date of signing the Act of the working commission for the completed work.
The plaintiff also requests in his claim to collect a penalty 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 owed 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 Contract No. P-51 dated 09/22/2023, an amount of 1 131 088 (1 089 450+41638=1 131 088) tenge.
In terms of accrued penalties, they disagree because this amount of penalty is excessively large compared to the creditor's losses whereas according to art. 35 of the Law on Banks and Banking Activity states that "The amount of the penalty (fine, penalty fee) for violating the obligation to repay the loan amount and (or) pay remuneration under a bank loan agreement concluded with an individual may not exceed 0.5 percent of the overdue payment amount for each day of delay, after ninety days of delay. ninety days of delay may not exceed 0.03 percent of the overdue payment amount for each day of delay, but not more than ten percent of the loan amount for each year of the bank loan agreement."
According to Article 297 of the Civil Code of the Republic of Kazakhstan, if the penalty payable is excessively large compared to the creditor's losses, the court has the right to reduce the penalty, taking into account the degree of fulfillment of obligations by the debtor and the debtor's interests that deserve attention, the court reduces the debtor's liability if the creditor intentionally or negligently contributed to an increase in the amount of losses caused by non-performance or improper performance, or did not take reasonable measures to reduce them.
On November 24, 2024, we conducted an inspection of the facility under the specified contract, as a result, a discrepancy in equipment of 51 items was found, a shortage of equipment and materials in the amount of 1,353,262.45 tenge, work in the amount of approximately 600,000 tenge.
In total, the amount of their debt to us for equipment and unfinished work in the 51st position is 1,953,262.45 tenge. The total amount of equipment not exhibited in 87 and 51 positions is 2534770 tenge, the amount of work not performed is 1211700 tenge. The total amount of debt is 3746470 tenge.
Also, the plaintiff in the lawsuit asks the court to seek the services of a representative, since the Defendant, by showing complete inaction, allows a violation of the Plaintiff's material and procedural rights. As a result, he was forced to resort to qualified assistance from a law firm and incurred court costs for paying for the services of a representative in the amount of 10% of the amount owed = 260 980 tenge.
In this lawsuit, the Plaintiff's interests are represented by two legal consultants.:
1) Alibek Okapovich Almabaev – who, according to Order No. 17/k dated October 28, 2024, I. P. LLP, according to Employment Contract No. 17, was hired as a Lawyer;
2).... - According to the Extract from the Chamber of Legal Consultants in East Kazakhstan Region for No. 1577 dated 08/22/2024, he is a Legal Consultant for a period of 90 calendar days.
The plaintiff has attached to the materials of the civil case:
- Receipt for the receipt cash order issued by LLP ... "S..R" in the amount of 260 980 tenge for No. 101 dated 10/29/2024.
They do not agree with the claims of the Plaintiff's representative to recover the costs of paying for the representative's services in the amount of 260,980 tenge, since In accordance with art. 113 of the CPC of the Republic of Kazakhstan, it is stipulated at the request of the party in whose favor the Decision was made, the court awards, on the other hand, the costs incurred to pay for the assistance of a representative (several representatives) who participated in the process and did not who is in an employment relationship with this party, in the amount of the expenses actually incurred by the party (payment orders, fiscal receipt).
Article 6. The Civil Code of the Republic of Kazakhstan "Interpretation of the norms of civil legislation" stipulates: The norms of civil legislation must be interpreted in accordance with the literal meaning of their verbal expression.
During the study of the materials, there was no Agreement on the provision of legal services. for services, there was a Receipt for the receipt cash order issued by LLP Law Firm "S..." in the amount of 260 980 tenge for No. 101 dated 29.10.2024 – Thus it can be assumed that the Contract of legal services was concluded with LLP Law Firm "....
The power of attorney to represent the Plaintiff's interests was issued to the legal consultant A. A.A..., on the basis of which he represents the plaintiff's interests.
However, the Plaintiff's representative, A. A.A., did not provide the court with what relation he has to Law Firm LLP. or the company to him, for example (Employment order at the time of filing the claim) Since the Order of a legal entity is not a strict accounting, we believe it is necessary to request an extract from the pension fund on the accrual of pension accruals to Alibekov A.A. LLP.,
Accordingly, we consider that the representative by proxy A. A.A. cannot claim compensation for his services, since according to art. 113 of the CPC RK, the Plaintiff actually did not bear the expenses of the representative of A. A.A.
Thus, the Plaintiff's claims for recovery in favor of the Plaintiff of the costs incurred to pay for the representative's assistance in the amount of 260,980 tenge are unjustified, since no evidence was provided of the actual payment for the representative's services, namely, a fiscal check and a contract for the provision of legal assistance.
113 of the Civil Procedure Code of the Republic of Kazakhstan, it is stipulated at the request of the party in whose favor the Decision was made, the court awards, on the other hand, the costs incurred to pay for the assistance of a representative (several representatives) who participated in the process and is not in an employment relationship with this party, in the amount of the costs actually incurred by the party.
According to paragraph 2 of Article 35 of the Business Code, individuals who meet one of the conditions are subject to mandatory registration with the tax service as sole proprietors.:
employing employees on a permanent basis;
those who receive an annual income from entrepreneurial activity in excess of 12 minimum wage.
As you can see, the activity of a legal consultant may fall under at least one condition regarding annual income, which means it requires registration as an individual entrepreneur.
At the same time, according to subclause 3, clause 2, Article 683 of the Tax Code of the Republic of Kazakhstan, a legal consultant does not have the right to apply special conditions (patent, simplified procedure, fixed deduction), since the provision of consulting services, activities in the field of law, justice and justice does not allow the use of special procedures for small businesses. Therefore, a legal consultant can register his business activity as an individual entrepreneur on ESD.
The tax committee also adheres to the opinion that it is preferable for legal consultants to register as sole proprietors on ESD.:
Answer Chairman of the State Duma of the Ministry of Finance of the Republic of Kazakhstan dated 07/19/2019 to the question dated 07/05/2019 № 557332/1;
The response of the Chairman of the State Duma of the Ministry of Finance of the Republic of Kazakhstan dated 29.03.2019 to the question dated 14.03.2019 № 540654
According to paragraph 1 of Article 166 of the Tax Code of the Republic of Kazakhstan, monetary settlements require the use of KKM (online cash registers). An exception is made only for persons listed in paragraph 2 of Article 166 of the Tax Code of the Republic of Kazakhstan (including individuals, private bailiffs, notaries, Lawyers, mediators).
There are no exceptions for legal consultants.
Therefore, if a legal consultant is registered as an individual entrepreneur on ESD and will make payments using cash or payment cards, then he will need to use an online sales register and issue checks. Thus, Legally, the consultant and or Law Firm "S.." LLP were required to attach a receipt from the KKM (online sales register) to the Receipt for the incoming cash order.
In addition, not providing a fiscal receipt to an online cash register is a gross violation of the Tax legislation of the Republic of Kazakhstan.
31 of the Tax Code states that a taxpayer's obligation to the state is recognized as a tax obligation arising in accordance with the tax legislation of the Republic of Kazakhstan, by virtue of which the taxpayer is obliged to perform the actions specified in paragraph 2 of Article 36 of this Code. The state, represented by a tax authority, has the right to require a taxpayer (tax agent) to fulfill his tax obligation in full, and in case of non-fulfillment or improper fulfillment of a tax obligation, apply methods to ensure it and measures of enforcement in accordance with the procedure established by this Code.
According to subparagraph 3) of paragraph 1 of Article 802 of the Code of Administrative Offences of the Republic of Kazakhstan (CAO), reports or statements by individuals and legal entities, as well as media reports, are the reason for initiating an administrative offence case.
215 of the Criminal Code of the Republic of Kazakhstan, tax evasion and (or) other mandatory payments to the budget from organizations is a criminal offense.
Article 270 of the Civil Procedure Code of the Republic of Kazakhstan provides that when cases of violations of the rule of law are identified, the court has the right to issue and send a private ruling to the relevant organizations, officials or other persons performing managerial functions, who are required to report on the measures they have taken within one month.
We consider the Plaintiff's arguments to be unsubstantiated and unjustified from the point of view of relevance and admissibility as evidence in accordance with art. 68 of the CPC RK, each evidence is subject to assessment taking into account relevance, admissibility, reliability, and all the evidence collected together sufficiency to resolve a civil case – in this civil case, we observe the groundlessness of Claims and Defamation in relation to The defendant.
392 of the Civil Code of the Republic of Kazakhstan, when interpreting the terms of a contract, the court takes into account the literal meaning of the words and expressions contained therein. The literal meaning of a contract clause, in case of ambiguity, is established by comparing it with other terms and the meaning of the contract as a whole.
The plaintiff's actions violate Articles 4 and 5 of the CPC RK Tasks and Principles of civil proceedings. Violation of the principles of civil proceedings, depending on its nature and materiality, entails the cancellation of judicial acts.
Article 6. The Civil Code of the Republic of Kazakhstan "Interpretation of the norms of civil legislation" stipulates: The norms of civil legislation must be interpreted in accordance with the literal meaning of their verbal expression.
Thus, Dear Court, the Plaintiff's arguments that the terms of the Contract are not being fulfilled are not valid and are not justified on the basis of the above arguments.
According to Articles 67, paragraphs 1, Article 68 of the CPC RK, evidence is considered reliable if, as a result of verification, it turns out that it corresponds to reality. Each evidence is also subject to assessment taking into account its relevance, admissibility, reliability, and all the evidence collected together is sufficient to resolve a civil case.
Article 72 of the CPC RK. The "Duty of Proof" provides for Each
the party must prove the circumstances to which it refers as the basis of its claims, which is not observed in the statement of claim.
In accordance with Articles 68, 72 of the CPC of the Republic of Kazakhstan, each party must prove the circumstances to which it refers as the grounds for its claims and objections, each evidence is subject to assessment taking into account relevance, admissibility, reliability.
In accordance with Article 6 of the Civil Code of the Republic of Kazakhstan, the norms of civil legislation should be interpreted in accordance with the literal meaning of their verbal expression.
According to art. 620 of the Civil Code of the Republic of Kazakhstan, the initial and final deadlines for the work are specified in the contract. By agreement between the parties, the contract may also provide for deadlines for completing certain stages of work (interim deadlines). Unless otherwise stipulated in the contract, the contractor is liable for violations of both the initial and final, as well as intermediate deadlines for the performance of work.
152 and 279 of the Civil Procedure Code of the Republic of Kazakhstan and Article 402 of the Civil Code of the Republic of Kazakhstan, stipulating that the judge returns the statement of claim, and the court leaves the statement of claim without consideration if the plaintiff fails to comply with the pre-trial procedure established by law for this category of cases, the mandatory procedure for preliminary pre-trial dispute resolution and the possibility of this procedure is not lost and preserved.
By virtue of art. 219 part 2 of the CPC, the Court does not have the right to change the subject or the basis of the claim on its own initiative and is obliged to resolve the case within the limits of the claims stated by the plaintiff.
In accordance with Article 8 of the Civil Code of the Republic of Kazakhstan, the exercise of civil rights should not violate the rights and legally protected interests of other subjects of law.
Citizens and legal entities must act in good faith, reasonably and fairly in exercising their rights, observing the requirements contained in the legislation, the moral principles of society, and entrepreneurs, as well as the rules of business ethics.
This obligation cannot be excluded or limited by the contract. Good faith, reasonableness and fairness of the actions of participants in civil law relations are assumed.
Actions of citizens and legal entities aimed at harming another person, abuse of the right in other forms, as well as the exercise of the right in contradiction with its purpose are not allowed.
In accordance with Article 15 of the Civil Procedure Code of the Republic of Kazakhstan, the parties choose their position, ways and means of defending it independently and independently of the court, other bodies and persons during civil proceedings.
166 of the Civil Procedure Code of the Republic of Kazakhstan, where the defendant submits to the court a response to the claim with attached documents that refute the arguments regarding the claim, as well as copies of the response and the documents attached to it.
Based on the above and guided by 166 CPC RK,
I ask the Court:
· The Plaintiff's claims against the Defendant for recovery of the amount under Construction Contracts must be denied.
With respect,
Proxy Representative Lawyer:
Sarzhanov G.T.
Attention!
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