The Arbitration Court of St. Petersburg and the Leningrad Region recovered 164.3 million rubles from St. Petersburg Construction Company Rosstro LLC in favor of Admiralty Shipyards JSC, part of the United Shipbuilding Corporation.
According to Delovoy Peterburg, Rosstro acted as a contractor for the large–scale project "Technical re-equipment and reconstruction of the facility of the special NAPL complex workshop No. 12 (main slipway) V and VI spans", where it performed construction and installation work.
Judicial Hammer
DW
Initially, in 2017, the shipyard signed a contract for these works with Petrovsky Fairway LLC, but in 2019 the parties signed an agreement to replace the contractor with Rosstro. In addition, Admiralty Shipyards has signed two agreements with the new contractor for additional work totaling 49.8 million rubles, with a deadline of December 2022.
The value of the main contract is not specified in the dispute materials. But, as Kommersant previously reported, the shipbuilders were ready to spend 685.6 million rubles on work on the V and VI spans.
Admiralty Shipyards did not respond to DP's request, but the plaintiff's representative indicated in court that the contractor had violated the deadlines for the work, and the customer had decided to unilaterally cancel the contract in April 2024.
Rosstro could not be contacted. It follows from the case file that the contractor did not refute the plaintiff's claim about the violation of deadlines, did not provide evidence that the work was completed in full and delivered to the customer. In addition, Rosstro did not provide the court with evidence allowing it to release the company from liability for the violation or reduce the amount of the penalty.
The arbitration court checked the calculation of the penalty and found it correct.
"Judging by the text of the decision, the contract establishes a fairly honest calculation formula that takes into account proper execution, and with a sparing rate," said Ekaterina Baranova, head of Savina Legal's dispute resolution and bankruptcy practice. – Despite this, the amount of the penalty is three times the cost of the work assigned to the new contractor. Perhaps the reasoning part of the decision lacks some critical data for recalculating the amount of the penalty."
The dispute between the shipyard and the construction company draws attention to the uncharacteristic behavior of the defendant for this category of disputes.
"It is impossible not to note the passive position of the defendant in the case: three meetings, six months – not a single appearance. Unfortunately for the claimant, this may mean that the debtor company has been abandoned, does not intend to fulfill its obligations, and in the event of bankruptcy, the chance of receiving compensation for the penalty confidently tends to zero," Ekaterina Baranova suggested.
According to the "Contour.Focus", the Rosstro company was founded in 2010 and since then has concluded more than 40 government contracts totaling over 500 million rubles. Over the past three years, the company's revenue has decreased 10–fold to 21.2 million rubles in 2024. At the same time, the company maintains a net profit of 2.8 million rubles. There are a number of enforcement proceedings against Rosstro: in particular, in 2025 alone, bailiffs recover a total of 9.15 million rubles. According to the Electronic Justice information base, Rosstro was involved in 17 arbitration disputes in 2024, while Admiralty Shipyards has filed eight lawsuits against Rosstro over the past few years.
