How to prepare a justification for changing the essential terms of long-term "construction" state contracts
Since July 1, 2019, the norm of the Law N 44-FZ has been in effect, which allows changing, in particular, the price of long-term "construction" contracts, if during their execution there were obstacles beyond the control of the parties, entailing the inability to fulfill the contract.
Their initial price must meet or exceed the limit set by the government.
The adjustment is possible if there is a justification prepared on the basis of a decision of the government, the highest Executive body of the subject or the local administration.
The Ministry of Finance explained that such justification is prepared in free written form. There are no other restrictions on the form and requirements for its content.
The Agency also reminded that the changes made should not lead to an increase in the price in force at the time of making such a decision by more than 30%.
Documents:
Letter of the Ministry of Finance of the Russian Federation dated 27.11.2019 N 24-03-07/92104
Letter of the Ministry of Finance of the Russian Federation dated 22.11.2019 N 24-03-07/90712