Аннотация
This comprehensive expert examination of the facility was compiled based on the results of a forensic construction and technical assessment examination for the purpose of actually determining the deficiencies indicated in the commission inspection report of November 25, 2024, whether this deviation was the result of the contractor's deviation from the terms of the contract, local cost estimates, design and estimate and regulatory and technical documentation, as well as the use of low-quality and unsuitable materials. The objective of this work was to establish: - what are the causes of the deficiencies identified in the commission inspection report of November 25, 2024? Are the deficiencies a consequence of the contractor's deviation from the terms of Contract No. 63/19 of August 22, 2019, local cost estimates, design documentation, as well as technical documentation requirements, building codes and regulations, the use of low-quality and unsuitable materials, or did the deficiencies arise as a result of normal wear and tear, non-compliance with operating requirements, etc. Separately, indicate whether changes were made to the APS system during its maintenance by a third-party organization, VDPO LLC, under Contract No. 647 of March 1, 2024? If changes were made, indicate whether these changes could have affected the operability of the APS system and whether they were of consumer value to the customer. - If the cause of the defects was the contractor's deviation from the terms of Contract No. 63/19 dated August 22, 2019, local cost estimates, design documentation, technical documentation requirements, building codes and regulations, or the use of substandard or unsuitable materials, please provide a list of the restoration works. As a result of the work performed, the following conclusions were reached: As a result of a visual and instrumental inspection of the structural elements of the Tselinnik Regional Cultural Center building in the Adamovsky District, located at the following address: Orenburg Region, Adamovsky District, Adamovka Village, ul. Studencheskaya, 1a (taking into account the occurrence of deficiencies indicated in the commission inspection report dated November 25, 2024), the experts identified the following deficiencies: - cracks and damage to the building's façade and basement with an opening width of 10 mm to 20 mm (Table 4, pp. 31-36, 64, 72-73, 76-77, 83-85, 87-90, 92); - violation of tile laying requirements at entrances #1 and #2 – chipped, damaged tiles, and loose tiles (Table 4, pp. 65-71, 78-82); - Violation of fire safety regulations and rules (SP1.13130.2009 Requirements for Evacuation Routes and Exits, SP2.13130.2009 Ensuring Fire Resistance of Building Objects, SP4.13130.2009 Methods for Limiting the Possible Spread of Fire) - poor-quality coating and technology for applying the fire-resistant coating to the doors of Entry No. 2 and the fire-resistant door from the gym (Table 4, pp. 37-39, 101-102); - Violation of the requirements for the materials used and for laying the linoleum in the assembly hall - non-compliance with the quality of the hardware and the technology for laying the flooring of the stage of the assembly hall (Table 4, pp. 43-47); - Violation of requirements for laying ceramic tiles on porch #2 and applying plaster to the porch sides - chipped, damaged tiles, peeling tiles, and crumbling plaster (Table 4, pp. 78-82); - Violation of requirements - failure to seal the ceiling joints above the porch (flooding of the ceiling above entrance #2 with rain and melt water) (Table 4, p. 37); - Violation of requirements - leaks, poor quality work (poor installation of the rain and melt water drainage system above entrance #1) (Table 4, pp. 71-75); - Violation of requirements for installing the fire alarm system - the control panel and the system are malfunctioning (Table 4, pp. 40-42); - violation of cable installation requirements for fire alarm systems, video surveillance systems, and power supply systems, building façade, floors 1 and 2 – poor quality work (Table 4, pp. 48, 52-53, 57, 60-63, 82-86, 90-91); - violation of cable installation requirements according to the Electrical Installation Code (PUE) – poor quality work, façade, floors 1 and 2 (Table 4, pp. 48, 52-53, 57, 60-63, 82-86, 90-91); - the video surveillance system was installed in violation of the rules and regulations (clause 5.2.1.4, clause 5.2.1.16 of GOST R 70042-2022) - poor quality work (façade, 1st and 2nd floors, gym) (Table 4, pp. 32, 35-36, 52, 60, 82-86, 90-91, 96-101); - peeling plaster of the building, poor quality plastering work on the Tselinnik Regional Cultural Center building, cracks, peeling plaster, cracks with an opening width of 10 mm or more, separation length of 500 mm, separation width of 230 mm (Table 4, pp. 34, 35, 92); - the electrical cable installation was carried out with gross violations of GOST and SP standards (violation of cable installation requirements according to the Electrical Installation Code) (Table 4, pp. 32, 35-36, 48, 52-53, 52, 60, 82-86, 90-91, 96-101). Analysis of the terms of contract No. 63/19 dated August 22, 2019, local cost estimates, design documentation, and case materials No. A47-21397/2024, documentation provided pursuant to the petition (determination of the Arbitration Court of the Orenburg Region dated February 5, 2026), as well as the requirements of technical documentation, building codes and regulations, during the examination by experts from Gepard LLC revealed: non-compliance of the work performed with building and fire safety codes and regulations, violations of the technological process during the construction and installation work. Upon examination of the case materials No. A47-21397/2024 and documents provided by the Arbitration Court of the Orenburg Region Changes to the APS system during its maintenance by a third-party organization - OGO OOO VDPO under contract No. 647 dated 01.03.2024, certificates of completion of work No. 1, 2, 4 and other documents (determination of the Arbitration Court of the Orenburg Region dated 05.02.2026) it was revealed that the amount paid under contract No. 647 dated 01.03.2024 is subject to recovery from the defendant (OOO LyuksStroy, Orsk, Orenburg Region (OGRN 1155658005117, INN 5614071436) in the amount of 47,556 rubles 65 kopecks (excluding VAT). As a result of the investigation conducted by Gepard LLC experts, it was discovered that the contractor had deviated from the terms of Contract No. 63/19 dated August 22, 2019, including the local estimate, design documentation, technical documentation requirements, building codes and regulations, and the use of substandard and unsuitable materials. Therefore, Gepard LLC experts compiled a list of defects for the facility: "Building of the Tselinnik Regional Cultural Center, Adamovsky District, located at the address: Orenburg Region, Adamovsky District, Adamovka Village, Studencheskaya Street, 1a (Table 5). The defendant (LuxStroy LLC, Orsk, Orenburg Region (OGRN 1155658005117, INN 5614071436) must rectify the identified defects and deficiencies within the framework of the warranty obligations under the contract. No. 63/19 dated 08/22/2019.