Uusküla 1 and Katuse ABC: works contract dispute ended by agreement
Katuse ABC Osaühing · UUSKÜLA TN 1 KORTERIÜHISTU · 11336757 · 80175825
Participants and roles: Claimant – Katuse ABC Osaühing; Defendant – UUSKÜLA TN 1 KORTERIÜHISTU
How it started · editorial summary
The court approved the agreed payment and late-payment interest, terminated the dispute and awarded the company a refund of half the court fee.
The dispute and the court’s decision
Katuse ABC Osaühing brought a works contract claim against the apartment association Uusküla tn 1. The parties settled the dispute by an agreement which the court approved, terminating proceedings. The initial 914,75 euros had been claimed in payment order proceedings; following the association’s objection, the case was transferred to ordinary civil proceedings.
The agreement records an acknowledged debt of 85,25 euros* and provides for payment to the company of 82,25 euros* by 15 April 2016, with early payment allowed. If the payment obligation is breached, the company may demand late-payment interest of 0,1% per day on the unpaid amount until payment.
The parties waived claims under the former contract and acquired rights under the agreement. The company confirmed that it had no other claims against the association arising from the contract or the circumstances of this case. Each bears its own costs, and the parties have no mutual claims regarding their allocation.
The company was awarded a refund of 22,50 euros, half the court fee paid, when the agreement enters into force. The court explained that breach of the terms could lead to compulsory enforcement and that the same dispute could not be brought again. Actual payment by the association or refund of the fee is not confirmed.
Outcome of this decision
Approve the agreement and terminate proceedings. It records a debt of 85,25 euros* and payment of 82,25 euros* by 15 April 2016. Upon delay, late-payment interest is 0,1% per day on the unpaid amount until payment. Each bears its own costs; the company is refunded 22,50 euros in court fees when the agreement enters into force.
Translation of an anonymised, abridged excerpt from Estonian
II. Terminate proceedings on the claim by Katuse ABC Osaühing […]