For incorrect calculation of the cost of additional works the contractor may be brought to administrative responsibility
The customer held an auction for the current repair of buildings. The winner bid 22.57% less than the initial maximum contract price. During the work, the parties entered into an agreement to perform additional work and increased the price of the contract.
FAS recognized that the parties incorrectly calculated the cost of additional work. It had to be determined on the basis of the unit price of works, reduced by the amount of reduction in the auction-22.57%. As a result of incorrect calculation, the contractor was overpaid more than 300 thousand rubles.
The Director of the contractor was brought to administrative responsibility. The fine amounted to more than 600 thousand rubles. the Court agreed with the decision of the Antimonopoly service.
Document: Resolution of the Arbitration court of the Moscow district of 14.11.2019 in the case N A40-304242/2018