Subcontractor - individual entrepreneur (2009)

Objective 1



Subcontractor - individual entrepreneur A. Yeliseyev - appealed to the arbitration court to recover from the general contractor - Open Company "Building Trust" - the cost of work performed, as well as interest on borrowed funds in accordance with Art. 395 of the Civil Code. General contractor acknowledged subcontractor performance of works and their cost, but pointed out that the obligation to pay for work performed had not arisen because of "Housing construction" is the customer of the contract, has not made him as general contractor the necessary calculations.

Resolve the matter.


Task 2


Limited Liability Company "Quantum" (lessee) appealed to the arbitration court against ZAO "Caesar" (Sublessee) to evict him from the occupied areas.

The Court found that the Committee on City Property Management (the landlord) signed in 2000 with JSC "Glade" (former tenant) a contract to rent non-residential premises for a period of 10 years. JSC "Glade" with the consent of the Committee (the landlord) in 2004, one of the leased premises in the sublease deposited for 5 years JSC "Caesar" (the defendant in the present case). In 2005, the Committee on City Property Management, JSC "Glade", LLC "Quantum" (the plaintiff) have signed an agreement, according to which JSC "Glade" has transferred its rights and obligations under the lease agreement to rehire LLC "Quantum". The latter is obliged to carry out major repairs and reconstruction of the building at his own expense. The new tenant (the plaintiff of "Quantum") believed that since the conclusion of the said agreement sublease agreement with ZAO "Caesar" terminated because the rights and obligations of the tenant transferred to the former tenant in order rehiring, and not as a result of signing a new contract with the owner of the premises.

Resolve the matter.