The Supreme Court of the Russian Federation has once again issued a reminder that the burden of proof in disputes about defects in apartment buildings lies on the developer, and not on the management company.
Disputes commonly arise between management companies and developers about how to eliminate shortcomings identified in buildings. Relevant for this category of cases may be the recent decision of the Supreme Court of the Russian Federation in the case of the management company CJSC Estate Service Directorate Kurkino of the North-Western Administrative District and the developer JSC Mosstroymekhanizatsiya-5, which concerned eliminating defects.
Arina Dovzhenko, a Partner and Head of the Real Estate and Construction Practice at Nordic Star, commented on the decision of the Supreme Court of the Russian Federation in this case.