Project 955 Borei submarine at Sevmash shipyard
In addition, in case of non-fulfillment of the court judgement, Kolomensky Zavod was to be obliged to pay 77,600 rubles for every day of the supply delay.
The defendant said the default in delivery of the diesel generator was due to the failure of NPO Automatiki and the need to receive additional permissions to use imported components. The court involved NPO Automatiki as a third party. The said company produces, among other parts, local control systems for 2-28DG generator.
The court declined the defendant’s oppositions asserting the delay had been caused by another one’s fault, since Kolomensky Zavod failed to perform clause 9.3 of the contract providing that "the party that faced impossibility to fulfill the obligations hereunder shall notify the other party in written on the force majeure circumstances within 10 calendar days since the beginning of the same", says the judgement.
If that party failed to do so, "it forfeits the right to refer to such circumstances for the period of its failure to perform the contractual obligations", states the document.
On February 6, the Tenth Arbitration Court of Appeal will consider the appeal petition of Kolomensky Zavod against the resolution of the Commercial Court of the Moscow Region.
The Sevmash press service declined to comment the situation referring to the specific nature of the contract.
On January 26, Mil.Press Today sent appropriate requests to press services of Kolomensky Zavod and NPO Automatiki. So far, the former one has not replied and the latter one refused to comment.
An insider in the Russian Navy said the litigation may affect delivery dates of SSBN Knyaz Oleg.
For reference
The contract for supply of 2-28DG diesel generator for the project 205 (Knyaz Oleg submarine) between Sevmash shipyard and Kolomensky Zavod was tied on November 18, 2015. Delivery deadline was set as 15 months upon the prepayment, i.e. March 29, 2017. However, Sevmash still has not received the generator in the specified period.
The Borei class nuclear-powered submarines carry R-30 Bulava intercontinental ballistic missiles. By 2020, Russian Navy plans to obtain eight Project 955/955A subs.
Alexey Rakhmanov heading the United Shipbuilding Corporation mentioned on November 16, 2017 about the funding problems brooded about SSBN Knyaz Oleg.
