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Today, on July 10, SIA Skonto Būve will submit to the police an application to institute criminal proceedings against SIA "Eko Osta" for false and maladministration of the filing of a lawsuit against SIA Skonto Bûve, with the aim of damaging his reputation. 19659002] Last week at the hearing, SIA "Eko Osta" filed an insolvency application against SIA Skonto Būve, and the court dismissed the claim as unfounded. In its decision, the court states that Skonto Būve LLC had no payment term and that it was known to SIA Eko Osta. In particular, the court noted that Eko Osta was aware of these circumstances, as a result of which the agreed payment term was not respected. The court also rightly concluded that Andrejs Laškovs' unilateral signing did not constitute a warning by which the creditor would inform the debtor of his intention to make an application, since SIA Eko Osta represents at least two members of the board.
The Skonto Būve Ltd. who had previously indicated that Andrei Laškovs had deliberately abused an unsupported insolvency claim in favor of SIA Eko Osta, which apparently concealed information.
SIA Skonto Būve appealed to law enforcement authorities through SIA Eko Osta's lawsuit. The criminal liability for such conduct is provided for in Article 214 of the Criminal Law "Filing an Application for a Fraudulent Insolvency Proceeding" if the applicant deliberately misrepresented or withheld information. The legal sanction for such behavior is a deprivation of liberty for a maximum of two years, or a custodial sentence, or forced labor or a fine.
Hide details of the terms of the agreement mutually concluded "Remediation works", SIA "Eko Osta" request unreasonable payment. This payment was requested for their work, which was part of the work for which the Contracting Authority Environmental Services (VVD) did not pay to the general contractor SIA Skonto Būve. SIA Skonto Būve has taken legal action against the VVD and litigation is ongoing.
The agreement reached between the parties states that Eko Osta may only require payment after the buyer's engineer has accepted the work and then, when the customer paid the work. However, the customer, although unjustifiably, did not sign a number of acts of acceptance and transfer submitted by SIA "Skonto Bûves" and did not pay for them. Therefore, Skonto Bûve Ltd has no contractual basis to pay the work done by SIA "EKO OSTA"
The holder of the hazardous waste "Eko osta", who has filed a complaint against the contractor "Skonto bûve", will continue to provide all possible legal means "Eko osta" also invites to ask other entrepreneurs who have met "Skonto būve" or other unscrupulous entrepreneurs to fight together for the right to compensation for
Unfortunately, in Latvia, some construction companies, at the initial stage of procurement, have reduced the value of their offer, but can no longer pay with subcontractors, delaying or not paying an honest and qualitative job. Small and medium-sized businesses have a tough legal battle with large general contractors who have much higher resources, including well-paid lawyers.
Eko Osta sued, as one of the largest entrepreneurs in Latvia with tens of millions of euros in annual turnover, was not able to cover his obligations to a subcontractor for a long time, with the help of formal apologies. Eko Osta filed an insolvency petition for the company's work as part of the design and rehabilitation work of the State Environmental Service (VVD) Basin Supply Department Incukalns Sulfur Gutter "Contaminated Site". The contract between Eko osta as a subcontractor and Skonto Būve as a general contractor was concluded on 7 October 2014. All the work provided for in the contract was implemented in the required amount and on schedule already in 2015. "Skonto būve" main debt to "Eko osta" is 1.89 million euros
"In his press release, Skonto Bûve, indicates that the work for which Eko osta is obliged to pay is part of the work for which the contractor, the VVD, did not pay the general contractor Skonto Būve, and legal proceedings were paid for the payment of this amount.According to the information available to Eko Osta , one of the subcontractors – the German company MUEG GmbH – performs at the same time works. "Skonto būve" is perceived as a disputed and subject period, a full remuneration was paid, that Skonto būve paid, obviously not wanting any inter national, "says Unka Vaičulēna, lawyer of the company" Eko osta "
The basis of the petition submitted to the Court was an badysis by economists, which confirmed that Skonto Bûve is likely to have a financial hardship to liquidate its debt, thus giving a basis The company also claims that the announcement by the media of the Skonto Būve of threats to go to the prosecutor's office to initiate criminal proceedings against the shareholder. Eko osta for a deliberately false petition for insolvency before the court is unfounded. "The prosecution for the exercise of their rights can not be punished for defamation. This tactic of public intimidation was characteristic of 90 criminal groups, not a modern socially responsible enterprise," says U. Vaičulēne
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