Courts have figured out when additional work is not paid without a new state contract
During the execution of the "construction" contract, it turned out that the project documentation does not correspond to the indicators of the area where the work is performed.
To prevent an emergency, the contractor carried out additional work. The contract was partially executed and terminated without claims by agreement of the parties.
A similar contract was later signed. After its termination, the contractor demanded to pay for previously performed additional work. He was refused.
The courts sided with the customer and indicated that the work was not done:
additional, because they are directly related to the object of purchase;
urgent, could be purchased under a new contract;
agreed with the customer, since only one party signed the supporting documents;
mandatory, since the contractor did not submit local estimates that would justify the economic feasibility of the work.
In addition, when signing agreements on termination of contracts, the parties had no financial claims. The disputed works were mostly performed during the period when the contract was terminated. It became invalid, and with it the obligations ceased.
The Supreme court upheld the lower court's findings and did not review the case.
Document: Determination of the Supreme court of the Russian Federation from 30.01.2020 N 309-ES19-25897