The court indicated when it is impossible to collect a fine for non-delivery of goods under the state contract
The parties signed contracts for the performance of work. After signing the acceptance documents, the product was found to be under-delivered when performing the work. It was discovered by a higher-level organization during verification. The customer wanted to collect a fine from the contractor.
The courts did not support it, because:
- the work was accepted and paid for, and no objections were raised to the volume and quality of the acceptance process;
- the customer did not provide information about the circumstances of verification. The organization that identified the deficiencies is not a party to the contract;
- the shortcomings were not of a latent character.
Document: Resolution of the AC of the Moscow district of 12.05.2020 on the case N A40-254425/2019