RECOVERY OF DEBT FOR R&D IN A BORDER DISPUTE ABOUT WARRANTY OF QUALITY
In the interests of the Company, which has long been engaged in R&D in the field of aircraft development, a claim was filed in arbitration for the collection of a large debt (with a penalty for late payment) for the work performed, accepted by the Customer without comment. Thus, the initial process seemed fairly straightforward. However, the Customer, in order to not pay for the accepted works in the litigation, tried to file a counterclaim and declare an examination of the quality, thus leading the process towards another subject of dispute.
As a result of the analysis of the specifically formalized legal relations under the controversial contract, it was possible to convince the court that the dispute about the quality of work, even if it was, is already in the realm of the guarantee relationship. The contractor company did not shy away from the guarantee obligations, especially considering the customer didn’t present evidence that the deficiencies were attributed specifically to the executing company among a large number of co-executors both "horizontally" and "vertically", which means that a counterclaim is procedurally inappropriate and impossible, as well as an examination on this issue.
The counterclaim was not accepted by the court. The quality examination was not appointed by the court.
The original claim was satisfied in full.