ST. PETERSBURG, March 2 - RAPSI. The Thirteenth Commercial Appeals Court has postponed until March 22 its hearing of Baltiysky Zavod's lawsuit against the trial court decision to recover $14.06 million for Rosmorport for violating icebreakers delivery deadlines, the Supreme Commercial Court reports on its website.
Baltiysky Zavod contests the award made by the St. Petersburg and Lenigrad Region Commercial Court last October.
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 ($78.5 million), was to be transferred to the customer no later than May 31, 2008, while the St. Petersburg icebreaker, worth 2.4 billion rubles ($82 million), was to be transferred no later than September 30, 2008.
According to the court Moskva was commissioned 27 weeks later than planned. Meanwhile, the St. Petersburg icebreaker took 56 weeks to build.
Rosmorport and Baltiysky Zavod have faced off in court over the late icebreakers delivery since 2010, when the St. Petersburg Commercial Court dismissed Rosmorport's lawsuit, ruling that the contract had not been fully concluded. The court said the parties "did not agree on the design and the construction, completion deadline, its scope of works as well as the technical documentation scope and content."
Later, an appeals court satisfied Rosmorport's requirements.
However, a federal commercial court dismissed the decision last March and remanded the case for reconsideration to the St. Petersburg Commercial Court.
The Baltiysky Zavod builds icebreakers, naval and cargo ships. It also manufactures engineering products and energy equipment and supplies nonferrous and core-mold castings.