The fence of the renovated Lithuanian Zoo (LZS) has caused controversy: the company that built it seeks to claim the money it did not receive due to the actions of the zoo’s managers. They deny the allegations.
Important date
November 13 of last year. the renovated LZS was opened to visitors.
It so happened that this date became important not only for visitors who like this object, but also for the company that built the new fence.
The builders emphasize: the fence was built, the opening of the LZS took place, but then a surprise awaited. The customers of the fence unilaterally terminated the contract, and this was done when all the works had already been completed and the fence was put into use – more than a year after the date of completion of the works stipulated in the contract.
The management of the zoo explains that there were unfair actions during the construction of the fence.
Supply problems
The construction contract between the company “Vilungės statyba” and LZS was signed in 2019. August 19
Speaking to “Kaunas diena”, the executor of the works, Juozas Rapnikas, did not hide that the works did not go perfectly, but everything was done on time.
“Various problems related to supplies happen to builders all the time. This is quite common. There were difficulties, but it did not cause any serious consequences. When the war broke out in Ukraine, there was a problem with the supply of rebar, because almost all the metal was shipped from Ukraine. Then the supplier changed, there were changes in the design, the location of the fence and the wishes of the customer changed. As a result, the work deadlines were slightly adjusted. This is already the case: if the supplier changes, and we do not receive the fittings today, as was planned, but after a month and a half”, the contractor of the construction works indicated the circumstances that caused the problems.
According to Mr. Rapnik, problems arose at the very end of the work, which the company’s lawyers had to get involved in solving.
“The total length of the newly built fence is about half a kilometer. I also had to work in specific places – on the slopes. Although there were disturbances, everything was done and put into use on time, but it happened that now things got complicated,” the interviewer lamented.
The result: The zoo’s fence became the subject of a legal dispute. / Photo of Regiment Zakshensk.
Submitted the bill
After the opening of the LZS, the dispute over the fence moved to court.
in 2023 December 24 the company “Vilungės statyba” submitted a lawsuit to the Kaunas District Court, requesting to annul the decision of LZS to unilaterally terminate the construction contract, as a result of which, as it is claimed, the builder was not paid 86.5 thousand. euros.
The lawsuit says that “Vilungė statyba” completed the construction of the LZS fence in 2022. September 15 and submitted an invoice to the customer.
According to Ilan Ostrovskis, the lawyer of “Vilungė statybos”, the date of completion of the works corresponds to the Construction Contract Agreement and the extension period agreed by the parties.
Throwing accusations
In the notice of the LZS administration regarding the termination of the contract, addressed to the company “Vilungės statyba”, it is stated that “Vilungės statyba”, which built the fence, made shortcomings – it deviated from the essential decisions of the construction project. For that reason, LZS cannot obtain a document certifying the completion of construction and register rights in the Real Estate Register.
The reason for terminating the contract states that the contractor allegedly did not follow the instructions of the maintenance manager of the construction of the structure, as a result of which, according to the reason, “the client does not receive the result of the work in principle.”
“Vilungė statyba” does not agree with the arguments for termination of the contract, considers them to be completely unfounded, contradicting the real situation.
The total length of the newly built fence is about half a kilometer. I also had to work in specific places – on the slopes. Although there were some hiccups, everything was done and released on time.
Missing the facts
“Such a unilateral termination is illegal, the reasons for the termination are incomprehensible, that’s why we appealed to the court”, explained the company’s lawyer I. Ostrovskis.
The lawyer representing “Vilungė statyba” pointed out that LZS unilaterally terminated the contract more than a year after the contract work had already been completed and the contract had expired. Therefore, according to the lawyer, it could not even theoretically be terminated unilaterally.
The builders deny that they did not follow the instructions of the maintenance manual for the construction of the structure.
“No written instructions were received from the construction maintenance manager, the construction maintenance manager never set a specific reasonable time for the contractor to carry out the instructions, and the contractor carried out the verbal instructions of the construction maintenance manager in good faith, in cooperation with the customer and the construction maintenance manager,” the court wrote in the dedicated explanation of “Vilungė statybos”.
In conclusion, it is emphasized that all arguments for termination of the contract are abstract, not based on factual material.
Raw material: The fence required a lot of metal, which caused supply problems. / Photo of Regiment Zakshensk.
Sees a contradiction
The company that built the LZS fence draws attention to the contradictory assertion of the representatives of the garden administration that they cannot use the result of the work.
It is emphasized that the client uses the result of the contractor’s work from 2023. on November 13, when the renovated LZS was opened to visitors.
In defense of its position, the construction company also adds that the obligation to pay for the work performed occurs after the actual use of the constructed facility begins.
Legal nuances
It is true that it should be noted that the last certificates and acts of completion of some work stages and their estimates were unilaterally signed by “Vilungė statyba”.
The procedure provided for by the LZS law did not question the correctness and validity of the documents – certificates signed unilaterally by “Vilungė statybos”.
According to the representatives of “Vilungė statybos”, the signing of the acts was a formality that did not distort the essential provisions of the contract.
“A deed signed unilaterally has the same legal force as one signed by both parties, so it is valid until the court recognizes it as invalid,” explains the letter from the representatives of Vilungės statyba.
Who recorded the flaws?
“Kaunos diena” asked the LZS administration to comment on the situation. We sent the following questions:
1. Comment on Vilungė statybos’ claims that LZS could not terminate the contract simply because when you terminated it, the contract had already expired and was executed more than a year ago.
2. The builders emphasize that LZS started using the result of their work, ie a new fence. Meanwhile, LZS claims that the customer cannot use the result of the works. Please explain on what basis you are making this claim?
3. Inform, where, to which institutions and when did you apply for the alleged deviations and shortcomings of the works? What are those disadvantages?
4. You claim that the builders performed the work with defects, so you cannot obtain a document certifying the completion of the construction and register the rights in the Real Estate Register. What problems does this cause for LZS?
Photo of regiment Zakshensk.
Explanations are limited
LZS’s comment: “According to the contract signed by the Lithuanian Zoo with the contractor, the contractor’s commitment was until 2022. September 15 to build a fence according to the project, while the conclusion of the contract is tied to the contractor’s proper construction of the fence and LZS’s acceptance and payment. Unfortunately, the contractor not only failed to fulfill his obligation to complete the construction of the fence by the scheduled deadline (taking into account the fact that the fence is a public, visible object, the readers of the daily “Kauno diena” may have noticed that as early as the winter of 2022-2023 it was under construction), but also built part of the fence not according to the project, as a result of which LZS cannot complete the construction completion processes. Acting in good faith, LZS could not accept such works, so it obliged the contractor to correct this fundamental defect. As can be seen from the situation, the contractor completed the construction of the fence as early as 2023, and did not remove the essential defect – part of the fence was built outside of the project. Therefore, LZS, having assessed the situation and actual circumstances, terminated the contract, settled with the contractor, which is associated with the complete termination of the contract.”
“Given the fact that the legal process is currently underway – a civil case is under consideration, LZS, in order to avoid the formation of a prejudiced opinion and to ensure the objectivity of the process, will not make any further comments on these questions submitted by you,” added the additional explanation of LZS.
This comment did not answer all the questions sent to the LZS administration by the editorial staff. Important circumstances remained unclear: where, to which institutions and when did LZS apply for, as it is claimed, deviations and shortcomings of the works, on the basis of which the contract was terminated, causing a legal conflict between LZS and the contractor.
Photo of regiment Zakshensk.
Tags: Controversy Zoo Lawsuit fence
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