ST. PETERSBURG, January 19 - RAPSI. The court will hear on March 1 Baltiysky Zavod's appeal to recover from Rosmorport a penalty worth $13.05 million for missing its deadlines to construct the Moskva and St. Petersburg icebreakers.
The Baltiysky Zavod builds icebreakers, naval and cargo ships. It also manufactures engineering products and energy equipment and supplies nonferrous and core-mold castings.
The October 2004 construction contract between Rosmorport and Baltiysky Zavod served as the reason for the dispute. Pursuant to the contract, the Moskva icebreaker, worth 2.3 billion rubles ($73 million), was to be transferred to the customer no later than May 31, 2008, while the St. Petersburg icebreaker, worth 2.4 billion rubles ($76.17 million), was to be transferred no later than September 30, 2008.
According to the court materials, Moskva was transferred 27 weeks later than planned. At the same time, 56 weeks were spent on the construction of the St. Petersburg icebreaker.
Rosmorport and Baltiysky Zavod have faced off in court over the untimely transfer of the icebreakers since 2010, when the St. Petersburg Commercial Court dismissed Rosmorport's lawsuit, ruling that the construction contract had not been fully concluded. The court said the parties "did not agree on the design and the construction, the time to accomplish the work, its volume and the volume and content of technical documentation."
Later, an appeals court satisfied Rosmorport's requirements.
However, a federal commercial court dismissed the decision last March and submitted the case for reconsideration to the St. Petersburg Commercial Court.