In 2015-16, the Kemerovo residential complex on Komsomolsky Avenue was actively advertised: two houses with the unusual name "Wings". But the winged LCD did not manage to take off beautifully. The first stage of construction was commissioned a year and a half later than the deadline, and the second has not been commissioned so far. So what did the Wings lack for the flight?

The birth of an intricate scheme

The idea to build an unusual residential complex in the form of two wing houses came to the mind of the management of the United Construction Company (ESK). The administration of the city of Kemerovo issued a construction permit, but not to the ESC, but to the municipal organization - MP "City Administration for Capital Construction" (GorUKS). Why is that? As explained in GorUKS, it's all about the land allocated for construction, which belongs to the city. He was allegedly offered to buy out ESK, but she refused. However, ESK director Sergei Kadochnikov said that he had heard of such a proposal for the first time and that it had not been documented in any way. “I would buy this land,” Sergey Valeryevich admitted. But I didn't get such an offer. On the contrary, the participation of GorUKS as a developer was a strict condition of the administration.” Be that as it may, in 2014 GorUKS assumed obligations for the construction of the residential complex "Wings", concluding two contracts with ESK. One - as with a shareholder and investor of the project, and the other - as with a general contractor. According to the terms of the contracts, settlements with the contractor were made in kind: ESK built housing, and for the work performed received square meters and the right to sell them. The responsibility for the timely transfer of apartments and the elimination of all shortcomings remained with the developer - GorUKS. And everyone seemed to be happy. For the time being. Until a conflict arose between the partners, as a result of which the deadlines began to fly off. As a result, the first stage of construction was handed over with a delay of one and a half years, and the second was supposed to be handed over in the summer of 2017, but has not been handed over so far.

No ends to be found

It is difficult to understand at what particular moment the developer and the contractor did not agree on the characters and interests. The director of the ESC claims that GorUKS has ceased to pay for the work performed. “It has never been smooth, but there were compromises and issues were resolved,” Sergei Kadochnikov admitted. — However, in October 2017, GorUKS completely stopped making payments. After that, ESK carried out work until March 2018, we tried to negotiate with the management of GorUKS. Net losses on site maintenance (security, crane rental) during this time amounted to more than 3.5 million rubles. In the end, we had no choice but to break the contractual relationship, transfer the construction site and go to court. In this situation, not only we paid with our name, but also our partners, who helped sell apartments through real estate agencies. I will say more: in violation of the current legislation, the management of GorUKS unilaterally terminated the contract for the apartments paid by the ESC and resold them to third parties. That is, in fact, GorUKS made a double sale of premises in the residential complex "Wings". Now we are preparing a statement to the prosecutor's office on this fact.

The website of the Arbitration Court contains information about the cases on the claims of the ESC against GorUKS. According to Kadochnikov, the total debt of GorUKS to ESK is about 40 million rubles. Court hearings on these claims have been adjourned until January next year.

GorUKS recognizes only a debt of five million of this amount, arguing that ESK refused to take non-residential areas from the first stage itself, planning to replace them with residential ones. “These areas are reserved for the ESC under the contract, we are ready to transfer them to it at any time. This is our only debt to the ESC, - said the director of GorUKS Sergey Sosnov, voicing his own version of what happened. - We refused her not to finance, but to advance construction. After about a year of our cooperation, the ESK company slowed down the pace of construction, saying that it had a crisis and there was no money for further work. She asked for apartments in advance, but we had no legal basis for that. Since this all started. ESK began to miss the deadlines, fed us with promises, including to compensate for late fees from its profits. We launched the first phase in the spring of 2017. After that, the contractor had a temporary stir, which encouraged us, and then there was a lull and another request for advance payment. In November 2017, the ESC stopped work at the site and began to remove the remains of building materials. We invited the Chamber of Commerce and Industry, fixed the volume of work performed and terminated the contract.”

Whose forelocks are cracking

Partners recognize that both sides are to blame for any conflict. But, as happens with disassembly of business partners, the victims of their conflicts are always consumers, and in this case, equity holders: more than a hundred people who cannot get their apartments. They tried to insure themselves against risks as much as possible by choosing a reliable developer, as it seemed to them. More reliable than some obscure LLC with a minimum authorized capital. A developer backed by the authority of the authorities and municipal guarantees. The city will not let you down - many thought. But apparently they were wrong.

“In 2016, we bought a one-room apartment for our son,” said Tamara Nikolaevna, the owner of the unfinished housing. - Pay the full amount at once. Friends warned us, they said that we would get into a long-term construction. But we said - this is a city company, it cannot escape or deceive. Yes, and in the ESC we were assured that everything would be in order. The apartment was promised to be handed over at the end of spring 2017. Spring has passed. We are waiting, waiting - the keys are not given and not given. All summer we watched the construction site, but there was no movement there. Only the crane dangled back and forth. Work has resumed only now, within the last month. It's good that we and our son have a place to live. But we know my grandmother, who took out a mortgage on an apartment, is now paying off the loan and renting a room in a hostel. We were bombarded with letters with information about the extension of the construction period and a proposal to renew the contract. But we don’t sign anything in principle.”

And in November, equity holders received a notification about the reorganization of GorUKS, which alarmed them even more. There were no clarifications on this matter. As stated in the notice, during the reorganization of SE "GorUKS" a new organization will be allocated - MP "ZhSU" (Housing and Construction Department), to which part of the rights and obligations of SE "GorUKS" will be transferred. The administration's response to our request dated December 19 on the grounds and objectives of the reorganization has not yet been received. ESK believes that through these sudden transformations, the developer wants to bury all debt obligations. In GorUKS, they explain the decision of the authorities as follows: “As far as I understand, the city administration wants to create a specialized developer in accordance with the new requirements of 214-FZ,” said Sergey Sosnov. GorUKS does not build housing. Residential complex "Wings" is our first and, to be honest, unsuccessful experience. We will continue to supervise the construction of kindergartens, schools and roads. And the reorganization is still in progress and may not be completed at all. In any case, this will in no way affect the fulfillment of our obligations to equity holders, ”Sergey Fedorovich promised.

GorUKS recognizes penalties for both the first and second stages, but has not yet paid them, seeing its primary task in completing construction and putting the house into operation. According to the latest notice, the house should be put into operation in January next year, and the apartments should begin to be transferred to the owners by the end of February. “Now we are attracting various companies to complete the construction of the house, which are ready to take payment per square meter,” Sosnov added. - To date, we have installed internal partitions and a heating system, before the new year, heat should be supplied to the house. 50% of the pipe wiring for electrical channels is completed. It remains to tighten the cable there, and this is about 10-15 days of work. On six floors, we made a screed floor. Fences for loggias and balconies have now been installed, their glazing has been ordered, which will take place this week. We continue the insulation of the facade, proceeded to the internal wiring of the water supply and sewerage system. At the same time, we are engaged in landscaping the yard area so that residents drive up to the house not through potholes, but at least along a gravel road. On January 24-25, we plan to receive the elevators and start installing them.”

However, Sergei Fedorovich did not dare to guarantee that the postponement of the delivery of housing to the end of February would be the last. He said that much would depend on the weather and the solution of working issues with numerous construction organizations.

Legal airbag

The forecasts of lawyers regarding the reorganization and debt obligations of GorUKS, alas, are not so rosy. For example, the lawyers of the Yurproekt Bar Association, who have studied in detail the circumstances of the case and possible options for the development of the situation, do not share the developer's cautious and optimistic statements. “We are afraid of a negative scenario in which the developer will transfer the apartment, but will not incur any financial responsibility for the delay,” said Dmitry Malinin, chairman of the Yurproekt Bar Association. - And the most unpleasant thing is that this can be done with the assistance of the administration of the city of Kemerovo. Let me emphasize that we do not claim that the situation will develop according to this scenario, but only assume it from the practice of reorganizing enterprises in Russia. Schemes are often implemented in which bad assets and toxic liabilities are allocated to one company, while good assets and neutral liabilities remain in one company. another. Thus, the reorganization can be very beneficial for the developer. This fact is supported by the fact that on December 19, in the journal State Registration Bulletin, a repeated message was published on the reorganization of SE GorUKS with information that creditors' claims could be submitted no later than January 18, 2019. It is strange that the director of GorUKS speaks of reorganization in a conditional mood. She apparently will. After all, it is for this purpose that the legal entity publishes this message twice. We assume that this whole situation may have a negative impact on the rights of participants in shared construction. Due to the significant scale of possible consequences (violation of the rights of more than 100 equity holders), we decided to conduct free consultations for citizens who find themselves in this situation. People who have not received their housing on time can demand from the developer not only a penalty (penalty) for the delay in the transfer of the object and the elimination of deficiencies, but also compensation for losses incurred - the cost of renting housing, legal costs and compensation for moral damage. If the developer refuses to meet these requirements, he will be required to pay a fine of 50% of the resulting amount. In order not to sign unnecessary papers and not release the developer from these obligations, equity holders need to enlist the support of specialists and follow certain rules when taking active steps - submit demands, claims, etc. on time.

You can, of course, go the way that some equity holders have decided to go - terminate the contract and try to return their funds by filing an application for bankruptcy of GorUKS. “We would not recommend going this route,” explained Dmitriy Malinin. - In a situation with an almost completed house, it is more rational to collect penalties than to demand the return of the funds contributed. The bankruptcy process may take longer.

During the work on "Wings", the specialists of "Yurproekt" talked to more than fifteen equity holders, stated their demands from some of them and filed claims. Now they are waiting for a response from GorUKS. “It will soon become clear whether we are entering the stage of negotiations or going to the courts,” Dmitry Malinin summed up.

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Dmitriy Alexandrovich Malinin