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Interlegal defended the client’s interests under the special equipment manufacturing and supply contract

28.06.16

A company, our regular client, engaged in a large-scale construction project outside Ukraine applied to Interlegal upon defense of interests under the special equipment supply contract conducted for the purpose of construction works. Under the arranged work schedule, the contract provided strict terms of special equipment manufacturing and supply.

Equipment was not supplied within the prescribed terms. Having received the buyer’s claim on fulfillment of supply obligations, the supplier declared on winding-up the company.

Interlegal experts developed a complex plan and defended the Client’s interests in several ways. In the Client’s interests, the debtor was notified on recognition as a creditor and on forced recognition of claims.

The next stage of defense provided filing the claim on advance payment and accrued fine recovery.

The debtor denied its responsibility with reference to devaluation of the Ukrainian currency from the moment of making advance payment and till the moment of cost remittance, so the supplier was unable to purchase the required materials. The debtor misinterpreted the supply contract provisions and insisted on taking into account changes in the exchange rate in the process of payment for the goods. Since full payment has not been made within the agreed terms, there is no supply obligation.

At the dispute consideration, Interlegal proved insistence of the counteragent’s arguments and justification of the buyer’s claim.

Under the results of consideration, the court made a decision on full return of advance payment. Karina Gorovaya, Interlegal lawyer, worked upon the case.