“The commercial court of Ivano-Frankivsk region levied fines of UAH 2.82 million from Tech-Engineering LLC in favor of the military unit for non-performance of repair works under the contract. ”, — write: www.epravda.com.ua
The commercial court of Ivano-Frankivsk region levied fines of UAH 2.82 million from Tech-Engineering LLC in favor of the military unit for non-performance of repair works under the contract.
About this testifies court decision of September 12.
In October 2023, the military unit in the Ivano-Frankivsk region ordered “Tech-Engineering” to repair the fence of the territory of the military town in the city of Kolomyia for UAH 6.27 million. It was necessary to repair the fence by December 15, 2023.
At the same time, the contractor has not started the repair work.
Tech-Engineering wanted to extend the term of the contract. The military unit wanted early termination of the contract and payment of fines and penalties.
The parties did not reach an agreement on the extension of the contract or its early termination. As a result, the prosecutor’s office filed a lawsuit for collection of UAH 2.82 million in fines and fines, as well as for termination of the agreement.
At the court hearing, the private firm asked for a 90% reduction in the amount of fines, citing the absence of damages and its good faith behavior, which consisted in notifying the military unit about the impossibility of timely performance of works.
The court rejected this request. In particular, due to the fact that the reduction of the amount of fines and fines by 90% nullifies the purpose of penalty as civil liability for breach of obligation, which, in turn, can be regarded as avoidance of responsibility and will lead to a violation of the balance of interests of the parties.
Therefore, the court levied UAH 2.82 million in penalties from Tech-Engineering LLC, of which UAH 2.5 million is a penalty and UAH 313.5 thousand is a fine.
At the same time, the court refused to satisfy the prosecution’s claim to terminate the contract between the military unit and the private company.
The founder of Lutsk Tech-Engineering LLC is Victor Shevchuk, the manager is Tetyana Yushchyk.