The Lithuanian Court of Appeal ruled in favour of our client – the subcontractor – rejecting the general contractor’s claims for over EUR 100,000.
The court ruled on the scope of liability of the designer of the building and the developer of the work project
In the dispute, the parties did not agree on who should cover the costs of eliminating the defects which occurred due to the design mistake – whether the general contractor (who was also considered to be the designer of the structure) or the subcontractor (who actually prepared the work project solution which was the subject of the dispute).
The Lithuanian Court of Appeal dismissed the plaintiff’s appeal and upheld the first-instance court’s decision in favour of our client.
The court agreed with our argument that responsibility for the suitability of the work project solution lies with the plaintiff (general contractor), who was properly qualified by the court as a designer. The court clearly demarcated the status of the designer and the developer of the project, as well as the responsibility of these persons for the suitability of the solution.