The courts recalled the possibility to recover the difference in price if a substitute state contract is concluded
After the termination of the state contract, the customer entered into contracts for additional delivery with another organization. Under the new conditions, the cost per unit of goods was higher (27.5 rubles instead of 16.6 rubles). The customer demanded to recover the difference from the supplier under the terminated contract.
The courts supported the customer. The requirement to reimburse the difference between the price of the original contract and the price of the transaction concluded in return is in accordance with civil law. The supplier's obligation to pay all damages if the goods were not delivered on time was also provided for in the terminated contract.
Recall that from July 1, 2019, the customer can enter into a contract with the second bidder without bidding, if the original contract is terminated for any reason. The new contract will be concluded on the terms specified in the documentation and the application of the second participant, that is, at the price offered by the second participant.
Document: Ruling of the Arbitration court of far East district from 20.08.2019 in case N A73-19231/2018