The experts discussed the key elements of the construction contract, and namely: the subject-matter, obligations and liabilities of the parties, peculiarities of the works acceptance and transfer, conditions for rescission of contract. The participants focused on the pre-trial resolution of disputes and suggested practical guidelines to the customer and contractor for preserving partnership relations and minimization of risk.
The speakers on behalf of VEGAS LEX were Igor Chumachenko, partner, the head of Real Estate. Land. Construction practice, the senior associate of Real Estate. Land. Construction practice and Kyrill Trukhanov, the head of Dispute Resolution practice.
The lawyers of VEGAS LEX discussed the issues on the jurisdiction over the disputes arising out of construction contracts, explained the position of the Supreme Arbitrazh Court of the RF and discussed the recent court practice.
Igor Chumachenko spoke on minimization of risks while structuring the relations of the parties and covered the issues concerning basic factors of damages and common losses in construction, problems of application of FIDIC provisions, structure and optional schemes of contractual relations, as well as the types of remedies for resolution of disputes arising out of construction contracts.
He considered the court practice related to disputes arising out of construction contracts, the conditions and different types of the contract price, as well as the rights of the customer and obligations of contractor in the event the defects in the works results have been detected.
Kyrill Trukhanov focused on the disputes over the bank guarantees, in particular, on the landmark case of VITKOVICE vs BINBANK. Apart from that the expert covered the issues concerning the repayment of advance guarantee and performance guarantee in construction contracts, the peculiarities of disputes concerning the SWIFT-guarantees in Russian courts, as well as disputes arising out of construction contract with a foreign element.
Among the special guest of the event were Raymond Fadel, the AECOM Country Manager in Russia and Vera Setskay, the President of GVA Sawyer. The experts reported on the peculiarities of organization of competitive tenders, carried out a comparative analysis of the Russian and Western Europe schemes of the construction contract tenders, gave many examples from their own practice.
The topic awakened a considerable interest among professionals due to the fact that in spite of the detailed regulation regarding the construction contracts, the conflicts between business entities over different aspect of their cooperation still arise. The animated discussion allowed the participants to engage in a dialogue and to address the burning questions to the experts.
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