Defects in contracted works: settlement ends the dispute
Editorial summary
The association sought an order requiring TÜ Alfatom to remedy defects in contracted works. The court approved a settlement under which the association abandoned its claim and discontinued proceedings without deciding the defects dispute on its merits.
Narva linn, Tallinna mnt 32 korteriühistu · 80069939
TÜ Alfatom · 10054913
Participants and roles
- Narva linn, Tallinna mnt 32 korteriühistu — claimant, customer for the works
- TÜ Alfatom — defendant, contractor
The dispute and the court’s decision
Narva linn, Tallinna mnt 32 korteriühistu sued TÜ Alfatom to remedy defects arising from a works contract. On 26 February 2010 the parties submitted a settlement: the association abandoned its claims and agreed to bear its own litigation costs.
The association undertook to pay 4,000* kroons towards TÜ Alfatom’s costs by 15 March 2010. The court found the settlement permissible and enforceable, approved it and discontinued proceedings. The parties waived the right to appeal the order. The order does not establish that defects were remedied or that the agreed sum was actually paid.
Outcome of this decision
The settlement was approved and proceedings discontinued. The association abandoned its claim, bears its own costs and undertook to reimburse TÜ Alfatom’s costs of 4,000* kroons by 15 March 2010.