The St. Petersburg Committee has filed four lawsuits against Metrostroy OJSC for a total of 2.9 billion rubles. In May, the committee also demanded from the PJSC "Bank" United Financial Capital "(OFC) 4.9 billion rubles. The third person in the suit was OJSC Metrostroy. Previous and current claims are related to the untimely delivery by the construction organization of work on contracts relating to the completion of the construction of the stadium "St. Petersburg". In "Metrostroi" they stated that they intend to repay advances under contracts, but this is only possible when the process of acceptance of work is completed between the customer and the general contractor. This process is still ongoing, the committee says, the next meeting of the commission on the acceptance of works will take place today. In addition, Metrostroy is negotiating that the city will reimburse the company for the cost of additional work to eliminate the defects that it has identified by commencing construction on site. Experts doubt the reality of receiving payments for additional work done.
All four lawsuits against Metrostroy were filed by the Committee for the Construction of St. Petersburg on July 20, two of them were accepted into production at the time of writing. The largest claim - by 1.5 billion rubles - was accepted for production on July 24, the second claim - by 638.8 million - was passed on July 25, the decision on the third and fourth lawsuit for 543.5 and 219.5 million rubles, respectively, not published. Thus, the total amount of claims to the construction organization is 2.9 billion rubles.
In May, the construction committee demanded 4.9 billion rubles from the OFK. The OFK bank acted as the guarantor of execution of all four contracts, which the structure of Smolny concluded with Metrostroi for completion of the St. Petersburg stadium. In April, the Central Bank (CB) revoked the license from this credit institution, and then filed a lawsuit on bankruptcy. The committee previously said that the filing of the claim, including, is related to the revocation of the license from the bank. New claims, like the previous one, are connected "with the untimely delivery of Metrostroi's works to the state customer on contracts for the completion of the construction of the stadium," the committee informed Kommersant. The amount of the claim consists of the amount of outstanding advances for four contracts concluded with the company and interest for using other people's money in accordance with Article 395 of the Civil Code of the Russian Federation. At a court hearing on the dispute between the committee and the OFC, the court decided to postpone the trial until August 15. The committee did not respond to a query from Kommersant on the amount of work that needs to be done and on the correlation of claims for suits against OFC and Metrostroi.
OAO Metrostroy became the new general contractor for the stadium on Krestovsky Island in 2016 after Smolny unilaterally terminated the contracts with the Transstroy corporation. In total, the St. Petersburg authorities concluded four contracts with the company: the first two - in August 2016 to the amount of 7.8 billion rubles, two more contracts - in December for more than 3 billion rubles. Construction of the stadium "St. Petersburg" cost the budget of the city in the amount of about 45 billion rubles, reported earlier the governor of the city Georgi Poltavchenko. According to alternative estimates of the media, over the past ten years, the construction of a stadium at Krestovsky has spent 48 billion rubles. The Arena has hosted seven World Cup football matches in 2018. Now the stadium is the home arena of the football club Zenit, which received the right to operate the facility for 49 years. In 2020, the stadium will also host four matches of the European Football Championship.
According to the sites of public procurement, Metrostroi paid all contracts. In "Metrostroy" yesterday reported that repayment of advance payments under agreements is possible only when the process of acceptance of works on all four contracts has been completed between the customer and the general contractor. This process has not yet been completed, the next meeting of the commission for the acceptance of work will take place today, added to the committee. In fact, the construction organization incurred costs in the amount of the contract value, however, the disputable issues related to the moment of transfer of the object from the previous general contractor prevented completely closing some works. In addition, at the decision stage is the issue of acceptance and payment of additional works related to the elimination of defects identified at the time of entry into the facility, commented in the press service of OAO Metrostroy, without specifying the cost of work performed outside the scope of contracts. "The lawsuits in question are a standard measure used in the sphere of state procurement." Metrostroy, in spite of them, continues to work with the committee on the acceptance and acceptance of works, but we have only one goal: to fully pay off the advance and settle the issues, connected with doprabotami, "- said in the response of the construction organization to the request of" b ".
The filing of claims against the OFC was due to the revocation of the license, so now the claims against Metrostroi look absolutely logical, since the essence of the claims to the guarantor and the principal is the same, says Stanislav Doboshevich, the head of the Commercial Disputes division of Rustam Kurmaev and Partners. Repayment of advance on a contract is a procedure for accepting works already performed for an amount equivalent to the prepayment listed above. Accordingly, if advances are not "closed", then either the committee shirks acceptance of work, which in practice is usually associated with the presence of shortcomings in the work performed, or "Metrostroy" did not manage to complete the work on time, explains Mr. Dobeshevich.
The situation with an additional amount of work is absolutely classical and is very dangerous, primarily for the contractor, since the reality of receiving payments for additional work depends on the correct execution of additional agreements to the contract, says Victoria Sokolova, a specialist in the practice of property and liability relations of the national legal service Amuleks. . The parties were able to agree on an additional amount of work within the framework of the project design documents that were being implemented or, as is often the case, which led to an increase in the time frame. Paying for additional work is a highly controversial issue, since Metrostroy needs to justify why these additional works could not be evaluated at the stage of contracting, Mr. Dobeshevich points out.