The Supreme court of the Russian Federation: recovery of cost of the works having emergency character and executed in the absence of the contract is allowed
The road enterprise in the absence of the contract signed with the state customer, performed works on elimination of consequences of the cyclone and on the maintenance of highways. The customer in the payment of the performed works the company refused. In this regard, the contractor appealed to the arbitration court to the customer to recover the cost of the work performed.
Not agreeing with the decisions of the court of first instance and the district court, which the claim was satisfied, the customer appealed to the Supreme court of the Russian Federation.
The Supreme court of the Russian Federation refused to transfer to the applicant the appeal for consideration in court session of Judicial Board on economic disputes of the Supreme court of the Russian Federation, having noted that the works performed by the enterprise, had emergency character, were executed as socially-significant, necessary to production in interests of the population, and couldn't be postponed before the conclusion by the parties in accordance with the established procedure of the relevant state contract. Thus the fact of performance of works is confirmed by acts of the performed works in the form of KS-2 and certificates in the form of KS-3 which the customer received, but didn't return, didn't sign and any objections on them didn't declare.
In this regard, the Court considered proved the existence of the existing relations between the parties to perform works for state needs and the defendant's failure to pay the cost of the work performed.
Document: ruling of the Supreme Court of the Russian Federation No. 303-ES18-11408 of 10 August 2018