Alleged contract breach motivating lawsuit over bank’s pressurisation system. Estudio Olaechea is representing Merik—a Mexican company that manufactures fire doors, and garage doors, among others—in a lawsuit concerning an alleged contract breach involving the installation of a pressurisation system at the headquarters of BBVA – Banco Continental. In Peru, Merik is represented by Doors & Docks del Perú.
Counterparty’s default caused delay in contract fulfilment: The counterparty claims that Doors & Docks breached the contract. However, the delay was caused by the counterparty’s failure to complete several tasks required for the pressurisation system installation, not by our client.
Defence thesis arguing for lack of jurisdiction successfully upheld: We initially argued for the lack of jurisdiction, as the lawsuit should have been filed before the Commercial Courts of Lima rather than a Civil Court. This objection was successfully upheld, and the case has been transferred to the Commercial Courts.
First-ever lawsuit against client in Mexico or Peru: The case is significant because this is the first time our client or its representative has been sued, either in Mexico or Peru. It is further notable since the counterparty failed to fulfil its own obligations necessary for completing the pressurisation works.
Latest development: We continue to advise our client on this matter.
