The date of receipt of the conclusion of the gosstroynadzor body is not the moment of completion of works under the contract
The parties signed a contract for the construction (reconstruction) of the facility for the state budget. Under its terms, the contractor had to hand over the work 25.11.2018, but did it ahead of schedule.
The terms of the contract also provide that the result of the work performed is a built or reconstructed capital construction object, in respect of which the conclusion of the gosstroynadzor body was obtained. The conclusion on compliance with the requirements of technical regulations and project documentation was issued 05.12.2018.
According to the customer, the conclusion confirms the fact of performance of works and transfer of appropriate result. Since it was received beyond the deadline, the customer considered it a violation and demanded a penalty.
However, the courts supported the contractor. They explained that the duties of the latter include the performance of the contract works themselves, which are delivered in a timely manner. The date of receipt of the conclusion can not be considered the moment of completion of work.
Document: resolution of the AC of the West Siberian district of 14.10.2019 in the case of N A70-2205/2019