Shipyard “Pella” took aim at the Ministry of Defense

The reason for the litigation between the military department and the shipbuilder was the contract for the construction of the first serial vessel of project 11982 Ladoga, which the shipyard handed over to the customer in September 2018. However, according to the shipbuilders, their actual costs of executing the contract were more than double the amount specified in the contract. This was due to changes made to the project at the initiative of the customer, Pella said, adding that the customer promised to pay the contract at actual costs. However, the Ministry of Defense refused to compensate for the additional costs, citing the fact that the change in the price of the contract was not approved by the FAS.

Pella appealed to the court, which ruled to recover from the defendant an additional payment in the amount of 2 billion rubles. The appellate instance agreed with this conclusion, drawing attention to the fact that as a result of recovering the actual cost of the built vessel from the Ministry of Defense, the shipyard does not receive any additional property benefit.

Recall that the amount of the contract is not the only reason for the disagreement between Pella and the Ministry of Defense. As RBC Petersburg already wrote, it was initially assumed that the contract was to be completed by November 2016. The postponement of the actual date of delivery of the ship to 2018 became the reason for a lawsuit from the Ministry of Defense, which demanded to recover from the shipyard a penalty of 223.06 million rubles. for a delay in delivery. However, as follows from the court decision, he took into account the fact that the deadlines had to be shifted due to the fault of the plaintiff himself, who decided to improve the combat and operational qualities of the vessel, which led to a significant revision of the project. As a result, the court sided with the shipyard.