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History Repair "SOS Children's Village Russia" Lavrovo (History of deception LLC "Company LAD")


History of deception LLC "Company LAD"
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Characters:
Сustomer : Secretary-General of SOS Children’s Villages International Mr. Richard Pichler, Executive Director of SOS Children’s Villages Russia Mr. Nikolay Yu. Slabzhanin, Advisor for the construction of the International Charitable Organization "Children's Village-SOS» Mr. Alfred Shtrommer, Advisor for the construction and repair of Russian Committee "Children's Village-SOS» Mr. Aleksey Lyubimov
Decoy (bogus) company: Director of OOO Proksima Mrs. O. A. Zarubina
Dupe contractor: L L C «Company LAD»

Scheme of deception:

1. Sent an invitation to tender for the contract for the repair "SOS Children's Village Russia" Lavrovo. The contract includes a total of 30% of the work at the facility. Time to assess the reality of the contract no.

2. A contract with a contractor to repair the "SOS Children's Village Russia" Lavrovo. The contractor is to repair the advance 1770000 rubles (43,170 euros). Contractor shall pay 100% of the advance decoy (bogus) company. Cost of services decoy (bogus) company is 45 - 50% of the advance contractor. Decoy (bogus) company starts working only after receiving advance payment. In our case, the contractor advance payment 1770000 rubles (43,170 euros).
Advance payment decoy (bogus) company - 765,635 rubles (18,674 euros)

3. After starting the repair contractor discovers that in fact the amount of repair work more described in the ToR to the contract at 2-3.

4. The Contractor shall make known to the customer about the actual state of affairs. The customer provides the contractor to continue to work, promising to establish the terms of the contract. Decoy
(bogus) company does not perform his work. Because of this, the contractor can not finish their work.

5. Customer under various pretexts delays decision on the revision of the contract. Contractor to continue the work has to invest your money. Contractor puts in repair village 1500000 rubles (36,585 euros).

6. The Contractor shall make known to the customer to terminate the contract in case of further delay in its review of the issue. By this time, the contractor completed most of the work under the contract. The contractor will do the work of around 4300000 rubles (104,878 euros).

7. The customer does not pay the contractor and terminate the contract. Customer reduces the work performed by the contractor for 80%.

8. Customer claims a debt contractor of 556,477 rubles. (13572 euros). On work 4300000 rubles (104878 euros) performed by the contractor to the customer is silent. The debt should be defined after all the work of another firm. Сontract another firm with it is concessional financing. The customer will write off all the losses on LLC"Company Lad."

9. Repairs in the children's village is over.

Continuation, correspondence. The first letter to Secretary-General of SOS Children’s Villages Inter
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№ 01-26
as of 26.11.12

To: Secretary-General of
SOS Children’s Villages International
Mr Richard Pichler

Construction adviser of
SOS Children’s Villages International
Mr. Alfred Strommer

Executive Director of
SOS Children’s Villages Russia
Mr. N. Yu. Slabzhanin

Claim


1 On 01.08.12 our company won the tender for repairing works in SOS Children’s Villages Russia (Lavrovo) and proceeded to work. We received the advance payment only once on 20.08.12 at the amount of RUB 1,770,000.00. We were obliged to pay out of this sum to OOO Proksima the amount of RUB 765,635.000 for delivery and installation of doors. Only when we started to work and removed the wall papers it turned out that enlisted in the Terms of Reference to the Contract the list of works and types of works do not correspond to the actual situation. To ensure the required quality of work it was necessary to do the capital repairs instead of cosmetic repairs of the walls’ plaster, which increased the hours of labour in 3 times and consumption of materials in 4 times. Thus it was necessary to revise the Contract.
2 In out letters № 01-11 dated 11.09.2012 and № 01-18 dated f 18.10.12 we insisted the Contract Р-1 dated 01.08.12 to be revised in accordance with the Clause 7.1 also due to the following:
2.1 Clause 1.7. of the Contract states «...Contractor undertakes to perform the works stipulated by the Contract at full, key-ready, suitable for using based on the repair works enlisted in Clause 2 «Subject of Contract» » There is no Clause 2 in the section Subject of Contract, so it is totally unclear to which works the Clause 1.7 refers.
2.2 In the section Rights and Obligations of the Parties after the Clause 3.1. there are Sub-clauses 3.3.1., 3.3.2., 3.3.3., then after the Clause 3.3. there is again the Sub-clause 3.3.1. These clauses and sub-clauses have completely different context and thus they require revision.
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Continuation, correspondence. The first letter to Secretary-General of SOS Children’s Villages Inter
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Dear Mr Richard Pichler

We wrote this email with the aim to find a solution suitable for both of our companies.

The attached documents are related to the issue of cancelling the Contract with our Company. We still don’t understand the reasons for the cancellation since the extension of the time period of the performance of works was caused by additional types of works not foreseen in the Terms of Reference to the Contract. The Terms of Reference was comprised without taking into consideration the actual state of the plaster. When we concluded the Contract we had no opportunity to be aware of this. Nevertheless in according with the Contract we informed the Construction adviser Mr A.S. Lubimov and the Executive Director Mr N.Yu. Slabzhanin about the actual situation on 13.09.12. The reply was that the issue is being considered. In fact as far as we understand the issue was never considered.

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Continuation, correspondence. The first letter to Construction adviser SOS Children’s Villages Inter
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Dear Mr Strommer,


On 05.11.2012 I sent you a fax where the situation is described in details as we see it. Unfortunately I didn't have your contacts and I used the fax of SOS-Kinderdorf International office in Innsbruck. Probably you didn't receive this fax so I attached it to this email. Nevertheless the main details are described below.

Our company signed a Contact for repairing works with your company on 01.08.2012. On 05.09.2012 we found that the contract doesn't cover full amount of work that is required to accomplish houses repairing tasks with appropriate quality. The actual situation as it was revealed that defects of the plaster and the existing interior finishing didn’t satisfy the requirements of the Clause 1.3 of the Contract and of the Construction Norms and Rules (SNiP 3.04.01-87). In fact situation required amendment of the Clause 1.3 as the hours of labour and consumption of materials hugely increased. According to clause 3.4.9 of the contract we informed Mr Alexey S. Lubimov (SOS Children's Village Russia) about this situation on 05.09.2012, 07.09.2012 and 11.09.2012. On 11.09.2012 we also informed Mr Nikolay Yu Slabzhanin. 13.09.2012 we received an answer from Mr Lubimov where he requested us to continue working and informed that your company was developing an Additional Agreement to the Contract. We continued to work to make the things go though the cost of repairs in reality increased and we had to invest own money. At the current moment we performed the works the total cost of which comprise 50% of the sum under the contract. Thus total sum of indebtedness of your company in front of our company is RUB 2 758 621,00.

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Continuation, correspondence. The second letter to Construction adviser SOS Children’s Villages Inte
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№ 01-04
as of 05.11.12

To: Construction adviser
SOS Children’s Villages International
Mr. Alfred Strommer

Dear Mr Strommer,

We have met during the signing of the contract, due to this I decided to write to you personally concerning the issue with cancellation of our contract (Contract P-1 dated 01.08.2012).
1st August 2012 our organization (Company LAD) won the tender for repairing works in SOS Children’s Village Lavrovo. First payment for works at the amount of RUB 1,770,000.00 was sent to us on 17.08.2012, the money were on our account on 20.08.2012.
The aim of the repairing works according to the Terms of Reference to the contract is “the cosmetic repairs” and in accordance with the budget estimate “Minor repairs and filling-up the walls”. But with the beginning of works it turned out that thick vinyl wall coverings concealed defects of the plaster and the existing interior finishing didn’t satisfy the requirements of the Construction Norms and Rules (SNiP 3.04.01-87). It was impossible to make the cosmetic repairs in accordance with the Clause 1.3 of the contract. Instead of the cosmetic repairs it was necessary to redo the finishing. Actually situation required amendment of the Clause 1.3 as the hours of labour increased in 3 times and consumption of materials in 4 times.
As soon as we found this out we informed on 05.09.2012 Mr Alexey S. Lubimov (in email) and then on 11.09.2012 Mr Nikolai Yu. Slabzhanin (in letter). Together with informing about the actual situation we requested to amend the terms of the contract. On 18.10.2012 we resent letter to Mr Slabzhanin with the same content.
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Continuation, correspondence. The first letter to Construction adviser SOS Children’s Villages Inter
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Dear Mr Strommer,


On 05.11.2012 I sent you a fax where the situation is described in details as we see it. Unfortunately I didn't have your contacts and I used the fax of SOS-Kinderdorf International office in Innsbruck. Probably you didn't receive this fax so I attached it to this email. Nevertheless the main details are described below.

Our company signed a Contact for repairing works with your company on 01.08.2012. On 05.09.2012 we found that the contract doesn't cover full amount of work that is required to accomplish houses repairing tasks with appropriate quality. The actual situation as it was revealed that defects of the plaster and the existing interior finishing didn’t satisfy the requirements of the Clause 1.3 of the Contract and of the Construction Norms and Rules (SNiP 3.04.01-87). In fact situation required amendment of the Clause 1.3 as the hours of labour and consumption of materials hugely increased. According to clause 3.4.9 of the contract we informed Mr Alexey S. Lubimov (SOS Children's Village Russia) about this situation on 05.09.2012, 07.09.2012 and 11.09.2012. On 11.09.2012 we also informed Mr Nikolay Yu Slabzhanin. 13.09.2012 we received an answer from Mr Lubimov where he requested us to continue working and informed that your company was developing an Additional Agreement to the Contract. We continued to work to make the things go though the cost of repairs in reality increased and we had to invest own money. At the current moment we performed the works the total cost of which comprise 50% of the sum under the contract. Thus total sum of indebtedness of your company in front of our company is RUB 2 758 621,00.

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Beginning
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Dramatis personae - OOO “Company LAD”, Secretary-General of SOS Children’s Villages International Mr. Richard Pichler, Executive Director of SOS Children’s Villages Russia Mr. Nikolay Yu. Slabzhanin, Construction adviser SOS Children’s Villages International Mr. Alfred Strommer, Director of OOO Proksima Mrs. O. A. Zarubina, Construction adviser SOS Children’s Villages Russia Mr. Al. Lubimov

18.7.2012 we received an invitation to participate in the tender for the repair of «SOS Children’s Villages Russia” Lavrovo.

31.07.2012 tender took place and we won.

01.08.2012 signed a contract to perform work.

Contract signed for Construction adviser SOS Children’s Villages International Mr. Alfred Strommer, Executive Director of SOS Children’s Villages Russia Mr. Nikolay Yu. Slabzhanin.

The Customer held the first meeting of 09.08.2012. The Customer has appointed a new organization -ООО "Proxima". ООО "Proxima" should deliver door. ООО "Proxima" shall exercise their installation.


We started working on contract after receipt of payment - 20/08/2012.

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