"Eko osta" lodged a complaint against "Skonto būve" for the recovery of debts – in Latvia

The hazardous waste manager "Eko osta" has filed an application with the district court of Zemgale against the construction company Skonto Būve. Eko osta calls for a recovery of the basic debt of the construction company of 1.89 mln. EUR and a fine of 189 thousand.

Eko Osta has appealed in court, one of Latvia's largest construction contractors with tens of millions of euros in annual turnover measurable, unable to cover his obligations vis-à-vis the subcontractor. In the Incukalns sulfuric gutter pond "design and sanitation works". The contract between "Eko osta" as a subcontractor and "Skonto būve" as a general contractor was concluded on October 7, 2014. All the works stipulated in the contract were implemented in the required quantity and in the term already in 2015.

Eko osta believes that the construction company Skonto Būve has abused the trust and the integrity of the subcontractor. In accordance with the mutually agreed contract, each month after the completion of the works, "Eko osta" prepared and submitted to the "Skonto būve" seven acceptance and transfer papers submitted for the work done during the period of November 2014 to August 2015. Of the seven acts mentioned above, Skonto Bûve signed the first three acts, but only paid two. "Skonto Bûve" does not sign the acts of acceptance, under the pretext that these acts of execution are not signed by the engineer designated by the VVD. Another impetus for a part of the unsigned act is the unspent payment by the VVD of the "Skonto Bûves"

It should be emphasized that the FIDIC contractors, the design contract, construction contract ( Yellow Book) state that

"Eko osta" believes that "Skonto Bûve" also misled the company because it failed to submit a confirmation of acceptance or transfer, and that it complies with the requirements of the contract, the transfer-acceptance certificate is issued on the last day of that period. knowing that the acts submitted by the subcontractor will not be evaluated and therefore will not be paid for the dispute with the SES, will immediately cease operation and continue to receive services from the "Eko port"

With l & # 39; obligation to collect the payment the port "appealed to the court with a claim for disability a clause of the agreement on the soybean that stipulates the procedure to follow to pay for the work done because it allows the l & # 39; 39, Skonto Building to rely on formal reasons and not to fulfill its contractual obligations.