The contractor will not be justified by the lack of documents for the project, if he knew about it, concluding a state contract
The municipal customer did not accept and did not pay for the design and survey work, as the contractor did not submit a positive conclusion of the state expertise on the project documentation. To obtain it, the contractor did not have a number of documents, but he did not eliminate the shortcomings and went to court.
The court took the customer's side. Under the terms of the contract, the contractor must obtain the conclusion of the state expertise. Without such a conclusion, the customer can not use the project, so is not obliged to accept and pay for the work.
The contractor said the contract failure the fault of the customer, who has not passed the initial approvals. However, this argument was not counted for a number of reasons:
in the terms of reference, it was stated that the initial data for the design include only the urban plan of the land plot;
under the contract, the contractor receives additional data independently and at its own expense;
at the conclusion of the contract, the contractor had to be aware of the lack of planning projects and land surveying of the territory, as these documents are to be published on the website of the municipality.
The Supreme court found no grounds for reconsideration.
Document: Determination of the Supreme Court of 27.11.2018 in the case N A14-21315/2017