The court refused to pay for the state contract, although the customer did not provide the necessary documents for its execution
Under the terms of the contract, the contractor had to develop design and estimate documentation for major repairs of the post office. He completed the work and, without receiving payment, went to court.
It turned out that the contractor did not have a positive conclusion of the expert examination of the project documentation, which means that it did not fulfill its obligations in full. He applied to the customer for the necessary set of documents for examination, but the customer was unable to provide some of them due to lack of authority.
The courts noted that if the customer did not fulfill its obligations, the contractor could not start work, suspend it or refuse to perform the contract. In addition, it was concluded based on the results of the competition, in other words, the participant could get acquainted with the documentation and conditions of work.
The customer did not get the result he expected when concluding the contract, so the courts did not support the contractor's claim for payment.
Document: Resolution of the AC of the Moscow district of 10.07.2020 on the case N A40-156148/2019