SAMRUK SERVICE GROUP LLP v TETHYS AKTAU II LLP

Samruk Service Group LLP sought recovery of the final payment of KZT 8 million under a construction contract relating to the construction of a beach bar and related facilities at the Tetysblu theme park. The Defendant argued that the works contained defects and were not completed in accordance with the contractual specifications, and counterclaimed for a proportional reduction of the contract price. The AIFC Small Claims Court found that the Claimant had substantially performed the contract but that certain elements of the works did not comply with the agreed specifications or quality requirements. The Court held that the Defendant was entitled to a proportional reduction of the contract price in the amount of KZT 3.5 million and ordered payment of the remaining KZT 4.5 million, together with the court fee. Download PDF