Penza, 15 August 2013. PenzaNews. A preliminary hearing on the case of damage recovery in the amount of 5 million 352 thousand 300 rubles from LLC “Stroygroup,” LLC “Stroygroup Kapital” and JSC “SevStroy” in favor of Penza capital construction management, and on termination of the contract for the city zoo reconstruction will take place in the Arbitration court of the Penza region on Monday, September 9.

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According to the text of Penza capital construction management’s claim, a copy of which is available to news agency “PenzaNews,” the court previously decided to collect 22 million 173 thousand 815 rubles as a forfeit penalty for non-compliance with deadlines in the period from 26 December 2012 to 17 June 2013.

“As the work on the site have not been completed to date, and the period of delay has increased from 18 June to 29 July 2013, the size of the penalty – in accordance with 14.7 contract clause – will be 5 million 352 thousand 300 rubles,” the document says.

According to the plaintiff, LLC “Stroygroup Kapital” is jointly and severally responsible for it since, according to the statement from the Official Single Register of Legal Entities, the company was formed as a result of LLC “Stroygroup” reorganization.

“It should be noted that the zoo reconstruction is a priority of the program for preparations for the celebration of Penza 350th anniversary. For its part, the claimant created all necessary conditions for the implementation of the contract. As of the moment, the object is not put into operation, the work on its reconstruction is not carried out. As a result, the city zoo cannot function normally for a long time, which in turn caused a wide public resonance,” the claim goes on to say.

The document also specifies the grounds on which the contract may be terminated.

“In accordance with paragraph 2 of Art. 450 of the Civil Code, upon the demand of one of the parties, the contract may be amended or cancelled by the court decision in case of an essential violation of the contract by the other party. As an essential violation shall be recognized such violation of the contract by one of the parties, which entails for the other party the losses, to a considerable extent depriving it of what it could have counted upon when concluding the contract. In accordance with p. 8 of Article 9 of the Federal Law “On State and Municipal Procurement of Goods, Works and Services,” terminating a contract is allowed exclusively upon an agreement between the parties or a court ruling on the grounds specified by the civil law,” the statement says.

As news agency PenzaNews reported earlier, a contract for the reconstruction of the city zoo worth 127 million 435 thousand 720 rubles was signed between Penza capital construction management and LLC “Stroygroup” on 30 March 2012.

According to the document, the general contractor had to complete the work until 25 December 2012, however the Moscow company has not fulfilled its obligations.

JSC “SevStroy” registered in St. Petersburg acted as a guarantor for the contract.