A facade panel supplier must compensate a developer 43.5 million tenge after the delivered products began to deteriorate again. The defects were identified during the construction of a residential complex in the Almaty Region, reports infohub.kz.
According to the Supreme Court, after the initial defects, the supplier replaced the substandard panels. However, after reinstallation, the panels began to deteriorate again, developing numerous cracks.
"Laboratory tests showed that the strength and density of the facade panels did not meet the established requirements. The developer had to dismantle the defective panels at its own expense and install new ones. The company spent nearly 23 million tenge on these works and related expenses. Moreover, the developer had already recovered 19.35 million tenge from the supplier—the cost of the substandard products. In the new lawsuit, the company sought reimbursement for expenses incurred due to the defective panels. The total amount of losses was 43.5 million tenge," the court statement said.
The supplier disagreed with the claims. According to its version, the panels began to deteriorate because the customer violated the installation technology.
The court rejected this argument. The case materials state that a causal link was established between the developer's expenses and the supplier's improper fulfillment of obligations regarding the quality of goods. The court found no evidence of installation technology violations.
Initially, the case was heard in the Specialized Interdistrict Economic Court of Astana. At the request of the parties, it was transferred to the Specialized Interdistrict Economic Court of Zhambyl Region.
The court recovered 43.5 million tenge in damages from the supplier and an additional 4.3 million tenge in legal costs.
The appellate instance left the decision unchanged.