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Sorainen Successful for Eesti Kontsert in Dispute with United Capital

Sorainen Successful for Eesti Kontsert in Dispute with United Capital

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Sorainen has successfully represented Eesti Kontsert, a state-owned philharmonic foundation, in a dispute against claimants United Capital and Brutus Inkasso.

According to media reports, in the summer of 2017, OU United Capital agreed to construct an opera house for Eesti Kontsert's anniversary event for EUR 166,560. In return, United Capital agreed to install a stage, halls, grandstands, tents, and other fixtures. The company then submitted three invoices.

Eesti Kontsert failed to pay EUR 25,000 of the total amount due, explaining that much of the construction was defective, including, most seriously, the roof, which it claimed was poorly installed, and generated distracting and loud fluttering noises.

Eesti Kontsert added that the sound disturbed the audience's enjoyment of the shows. In addition, the company claimed, the opera tent had steps at various heights, causing trips and falls, and the connection between the opera house and the performers' tent was not waterproof.

In September 2017, United Capital surrendered its claim to Brutus Inkasso OU, which went to court against Eesti Kontsert. In addition to a debt of EUR 25,000, the collection company sought a penalty of EUR 3,296. 

According to Sorainen, "we defended [Eesti Kontsert] successfully in civil court and were able to prove all the relevant deficiencies. As a result, the court left the claim unsatisfied and found the price reduction by our client appropriate. This dispute sets a precedent for upcoming festivals and as a result United Capital has been banned from participating in similar public procurement proceedings until 2020 related to Saaremaa Opera Days.”

Sorainen's team included Partner Piret Jesse and Associate Albert Linntam.

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