A supplier of facade slabs must pay a developer 43.5 million tenge after the delivered products began to deteriorate again. The defects were discovered during the construction of a residential complex in the Almaty region. This was reported by Qazaqyia.kz citing Kursiv Media.
According to the Supreme Court, after the first defects, the supplier replaced the substandard slabs. However, after reinstallation, the panels began to deteriorate again — numerous cracks appeared on them.
"Laboratory tests showed that the strength and density of the facade slabs did not meet the established requirements. The developer had to dismantle the defective panels at its own expense and install new ones. The company spent almost 23 million tenge on these works and related expenses. At the same time, the developer had previously recovered 19.35 million tenge from the supplier — the cost of the substandard products. In the new claim, the company demanded compensation for expenses incurred due to the defective slabs. The total amount of losses was 43.5 million tenge," the court statement says.
The supplier disagreed with the claims. According to its version, the panels began to deteriorate because the customer violated the installation technology.
The court did not agree with this argument. The case materials state that a causal link was established between the developer's expenses and the supplier's improper fulfillment of obligations regarding the quality of the goods. The court found no evidence of a violation of installation technology.
The case was initially considered in the specialized interdistrict economic court of Astana. At the request of the parties, it was transferred to the specialized interdistrict economic court of Zhambyl region.
The court recovered 43.5 million tenge in damages from the supplier and another 4.3 million tenge in court expenses.
The appellate instance left the decision unchanged.