The court of first instance will have to re-examine the company "BM House","Rimi"Vaidora, the company that leases the store on Vilniaus Linkmenų Street, and its construction contractor, Vaidora, a network of engineering companies, have claims against each other. This was decided by the Court of Appeal of Lithuania, which satisfied the companies' complaints.
Due to construction defects, the newly built Rimi store was closed for about half a year last year. As a result, "BM būstas" aims to claim more than 1,57 million from the contractors. EUR damage.
The Court of Appeal overturned the decision of the District Court of Vilnius City published in May, according to which, after partially satisfying the claims of both companies to "BM būstas", 11,7 thousand was awarded from the contractor. 75,4 thousand euros from the customer, and "Vaidorai" from the customer. euro debt and late interest.
In court, "BM būstas" seeks to claim 82 thousand from the contractor. 182,4 thousand euros from the client, and "Vaidora" from the customer. euro debt, late interest, lost profit and damages.
According to the Court of Appeals, the essential question of which work deadlines the parties had agreed upon and when they were completed remained undisclosed in the case.
"The court (Vilnius District Court - BNS), while awarding the amount demanded by "Vaidora" for the work performed, did not take into account the arguments that the contractor did not provide the customer with the appropriate documents so that he could check the work, did not explain the value of the work performed," the court ruling reads.
In 2014, companies signed 439,3 thousand EUR (excluding VAT) contract for the installation of internal engineering networks in the store, but in 2015, "BM būstas" terminated the contract on the grounds that the contractor was late in completing the works and had previously completed them for 48,5 thousand. euros.
The main contractor of the "Rimi" store, which opened two years ago, was the now bankrupt Molėtai construction company "Lakaja".
