By Federal Arbitration Court of the Volga district controversial approach to resolving disputes about the responsibility for the construction contract participants subsequently identified deficiencies was established.
It is important to note that during the exploitation of constructed objects several deficiencies were identified, the cause of which is rather difficult to identify. Current legislation clearly defines these issues: Only a general contractorbears liability to the customer, not other companies involved in the construction.
But the courts do diametrically oppose conclusions and actually provide the customer the right to recover the construction cost of damages from any company directly involved in the construction. While the courts consider that there is no need to identify the actual culprit in any shortcomings.
In this regard, «UNEKS» is currently working on the disputing judicial acts in the Supreme Arbitration Court of Russia, and also appealed to the Constitutional Court regarding the compliance of Russian constitution regarding to the practices of the courtsand the provisions of the current legislation.