Petition to the court for the appointment of a forensic construction examination for a construction and economic study
Specialized Interdistrict Economic Court of Almaty
To Judge T.V.P.
273b Baizakov St., Turksib district, Almaty.
from the Plaintiff: LLP "C.kz»
represented by Director D.O.F.
BEAN......
280, 13th floor, Almaty.
8 (727) …
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+7 708 971 78 58; + 7 727 971 78 58.
The petition
on the appointment of a forensic construction examination
on construction and economic research
There is a civil case No. 7527-24-00-2/7518 under your jurisdiction on the claim of LLPC.kz " (Hereinafter referred to as the Plaintiff) to LLP "K..On.S.-1" (Hereinafter referred to as the Defendant) on the recognition of acts of completed works as valid, on debt collection and penalties.
In the claims, the plaintiff requests that the following acts be recognized as valid:
1. Act of completed works No. 3 dated 01/31/2022 under subcontract No. 77 dated October 19, 2020;
2. Act of completed works No. 4 dated 01/31/2022 under subcontract No. 77 dated October 19, 2020;
3. Act of completed works No. 2 dated 01/31/2022 under the additional agreement dated 10/18/2021, to the subcontract agreement No. 77 dated October 19, 2020;
4. Act of completed works No. 56 dated December 27, 2021 under the additional agreement dated October 18, 2021, to the subcontract agreement No. 77 dated October 19, 2020;
5. Act of completed works No. 10 dated 04/29/2021 under subcontract No. 77 dated October 19, 2020.
According to the above–mentioned acts, the Defendant accepted the job, but did not sign the acts and did not pay for the acts (hereinafter referred to as the AVR). Accordingly, in order to ensure a comprehensive, complete and objective consideration of the civil case by the court, we need to appoint an expert examination to clarify the issues listed below.
46 of the Civil Code of the Republic of Kazakhstan, persons participating in the case have the right to file petitions, including for taking measures to secure the claim, to provide evidence, to request additional evidence, to apply conciliation procedures; to give oral and written explanations to the court; to present their arguments on all issues arising during the trial.
Paragraph 3, Article 82 of the Civil Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC) stipulates that the court appoints a judicial examination at the request of a party or on its own initiative. At the request of the party and other persons involved in the case regarding the falsification of written evidence, the court has the right to appoint an appropriate expert examination.
Paragraph 6, art. 82 of the CPC states that the persons involved in the case may request the court to order the conduct of a forensic examination to a specific person with the necessary special scientific knowledge.
According to paragraph 246 of the Order of the Minister of Justice of the Republic of Kazakhstan dated April 27, 2017 No. 484 on approval of the Rules for the organization and conduct of forensic examinations and studies in forensic examination bodies, the tasks of the forensic expert construction and economic study of buildings and structures are to determine the compliance of the cost of actually completed construction, installation or repair and construction works with the acceptance certificates of completed works.
Based on the above, in accordance with art. 82 of the Civil Procedure Code of the Republic of Kazakhstan,
I ASK THE COURT:
· Appoint a forensic construction and economic study at the Vostoktsvetmet LLP VM REHS warehouse facility in Ust-Talovka, located at the address: East Kazakhstan region, Shemonaikha district, Ust-Talovka.
· To resolve the study, ask the following questions:
o Do the construction and installation works according to the acts of completed works No. 3 and No. 4 dated 01/31/2022, performed under Subcontractor Agreement No. 77 dated October 19, 2020, comply with the requirements of the Specification provided for in Annex No. 4 of Subcontractor Agreement No. 77 dated October 19, 2020?
o Do the construction and installation works according to the act of completed works No. 10 dated 04/29/2021, performed under Subcontractor Agreement No. 77 dated October 19, 2020, comply with the requirements of the Specification provided for in Annex No. 2 of Subcontractor Agreement No. 77 dated October 19, 2020?
o Whether the construction and installation works according to the act of completed works No. 2 dated 01/31/2022, performed under the supplementary agreement dated 10/18/2021, to the Subcontracting Agreement No. 77 dated October 19, 2020, comply with the requirements of the Specification of the "communication" section provided for in the supplementary agreement dated 10/18/2021, to the Subcontracting Agreement No. 77 dated October 19, 2020 of the year?
o Whether the construction and installation works according to the act of completed works No. 56 dated December 27, 2021, performed under the supplementary agreement dated October 18, 2021, to the Subcontractor Agreement No. 77 dated October 19, 2020, comply with the requirements of the Specification of the "video" section provided for in the supplementary agreement dated October 18, 2021, to the Subcontractor Agreement No. 77 dated October 19, 2020 of the year?
· The study (expertise) should be entrusted to SMART CONSTRUCTION GROUP LLP BIN 010540007254, legal address: Almaty, md. Orbita-3, 52.
With respect,
Lawyer AK Law and Pravo:
Sarzhanov G.T.
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