Due to the failure to meet the deadlines: "Kyiv Metro terminated the agreement on the construction of a metro line to Vynohradar
Kyiv • UNN
The Kyiv Metro has terminated the contract with Kyivmetrobud for the extension of the Syretsko-Pechersk line due to delays, despite investments of UAH 4 billion.
The municipal Kyiv Metro has recognized the failure to meet the deadlines for the construction of the Syretsko-Pecherska line extension towards the residential area. Vynohradar - the agreement with Kyivmetrobud has been canceled. This was reported by is reported by UNN with reference to the Prozorro.
Pursuant to Article 615 of the Civil Code of Ukraine, in the event of a breach of an obligation by one party, the other party has the right to partially or fully withdraw from the obligation if provided for by the contract or law. As a result of a unilateral waiver of an obligation in part or in full, the terms of the obligation are changed accordingly or it is terminated. Clause 4.2.6. of the Agreement stipulates the right of the Employer to withdraw from this Agreement and claim damages if the Contractor fails to start the works in a timely manner or performs them so slowly that it becomes impossible to complete them within the period specified in this Agreement
It is indicated that taking into account and guided by Art. 615 of the Civil Code of Ukraine, clause 4.2.6 of the Agreement and The decision of the Northern Economic Court of Appeal of 09.11.2023 in case No. 910/13227/22, - Municipal enterprise "Kyiv Metro" refuses from obligations in in terms of construction works under the contract No. 744-DBM-18 of 20.11.2018 and the Contractor has been notified thereof.
It is also important to to note that Kyiv Metro and Kyivmetrobud signed a contract on November 20, 2018, which lasts until January 24, 2024. During this period of time, the customer transferred UAH 4 billion (including VAT) to the contractor.
According to the the contract, the work was supposed to be completed on November 26, 2021, but the deadline for of work at the facility was postponed. In the summer before last, Kyivmetrobud filed a lawsuit against Kyiv Metro to amend the contract for the construction of the subway - commissioning of the facility by May 12, 2023, with the contract validity period the contract is valid until June 16, 2023. In 2023, there were promises of completion works by the end of 2024.
Recall
Earlier, the Kyiv authorities authorities planned to start construction of the metro to Vynohradar and to commission two new years to put into operation two new metro stations - Prospekt Pravdy and Mostytska.
It was reported that one tunnel between the stations has already been built, and the subway promised that builders would soon begin construction of the second one.
