Courts: mistakes of the designer do not exempt the developer from warranty repairs under the state contract
The parties have concluded equity participation contracts. The developer built a residential building. Later, the customer discovered defects in the roof and demanded to eliminate them under warranty.
The developer refused. The house was built according to the project of another contractor. The result corresponded to it. Project work was not included in the subject of contracts.
Three instances obliged to eliminate the shortcomings:
- the examination revealed errors in the project documentation. Technical solutions did not meet the standards;
- the developer is responsible for the shortcomings, even if he did not develop the project. As a professional, he had to make sure that he could do the work efficiently.
The 13th Arbitration Court of Appeal came to similar conclusions earlier.
Document: Resolution of the Arbitration Court of the Ural District of 14.03.2023 in the case N A60-36139/2021