The authorities of St. Petersburg won the lawsuit against SK Dalpiterstroy LLC. Recovery of funds. Appeal against a court decision.
The authorities of St. Petersburg have won a lawsuit against a major developer.
The Arbitration Court of St. Petersburg and the Leningrad Region ruled: to recover about 90 million rubles from IC Dalpiterstroy LLC. The lawsuit of the Ministry of Property Relations against the construction contractor is related to the violation of the provisions of the state contract on the purchase of apartments by persons standing in line. The company has delayed the delivery of houses in Shushary and Pargolovo under contracts signed back in 2017. Initially, the committee asked the developer to pay almost 2.5 billion rubles. LLC IC Dalpiterstroy did not agree with the court decision and intends to challenge it.
The owner of LLC Arkady Skorov told RBC Petersburg that the company plans to appeal the court decision. “89 million rubles is a lot. We gave our calculations, the court did not take them into account. We are ready to go to the Supreme Court,” Arkady said. The contracts under which the fine is applied have been concluded for a long time, the apartments have been transferred to the mayor's office, and people have already settled there, the developer emphasizes. According to him, attempts to resolve the problem in the pre-trial order did not lead to anything. The court could consider it possible to reduce the penalties imposed, depending on the circumstances of the case.
Elizaveta Razina, senior lawyer at the Vetrov & Partners law firm, commented on the court's decision. The issue of reducing the penalty is one of the most popular. It is possible to completely exclude its use in a situation where there is no violation of the contract by the contractor himself, but if this has already happened, then we can only talk about reducing the amount. But here it is already difficult. As a rule, it is not possible to balance the interests of both parties, to take into account all the circumstances and various factors associated with the activities of each of the subjects. There will always be dissatisfied.
The conditions under which the city is ready to buy housing from developers are not beneficial for market participants. Last year, the city had to cancel several competitions due to a lack of applicants. It is unlikely that any of the major developers would like to participate, since the LEA conducts tenders at prices below market prices.
In March, Governor Alexander Beglov announced that the cost per square meter of housing purchased by the city on the primary market would rise from 96,000 to 130,000 rubles. Despite the increase, this is still well below the average price level for new buildings.
“We work with the city, despite the low prices. I believe that it would be possible to treat us more gently, ”Arkady Skorov commented on the decision of the court.
According to the archive of the arbitration court, in February the Ministry of Property Relations filed 10 new complaints against Dalpiterstroy. Most of them have been put into production.
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