26 September 2025
AVER LEX lawyers defended the Client’s business interests in a case involving joint and several liability for a share contribution of UAH 4.5 million
client request
Our Client, a construction company, was hired as the general contractor to build a social infrastructure facility in Kyiv. The project was fully completed. Despite this, the company was unfairly held liable as a co-defendant in a lawsuit demanding payment of a development fee, plus inflation adjustments and interest, totalling UAH 4.5 million.
Our lawyers represented the Client in both the trial and appeal courts. After reviewing the arguments, the Court of Appeal ruled in the client’s favour, confirming that the company had no obligation to pay the claimed fee.
The resulting result
The defence was based on two key points:
- the construction company was not the actual developer of the project and had never been assigned that role, so it could not be held liable;
- the facility itself was a social infrastructure project (a property of an educational institution). Under the law, such projects are exempt from development fees.
According to Mr. Ionitsoi-Docenko:
“The challenge in this case was that the legislation is vague and inconsistent, leaving room for different interpretations about whether a development fee must be paid. That is why, if a company receives a demand from local authorities to pay such a fee for social or infrastructure projects, it is crucial to consult legal experts. They can assess whether the demand is justified and prepare the right legal response”.
К :
Partner Volodymyr Yenich and attorney Oleh Ionitsoi-Docenko led the Client's defence.
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