The state contract for the arrangement of sports grounds cannot be extended in the same way as the construction
The parties signed a contract for work on the construction of TRP sites. Later, the contractor said that for reasons beyond his control, he could not fulfill it on time. The parties signed an additional agreement to extend the term of the contract. As a basis, they applied the rule on adjusting the terms of the construction contract, since the customer considered the work to be construction.
The supervisory authority found the document illegal. The courts upheld him on the following grounds:
- according to the estimate, the installation of simulators was carried out with a preliminary arrangement of the site. Such a device implies, in particular, the following works: cutting the vegetation layer, installing a rubber coating;
- works on the arrangement of sites are not related to construction. They are aimed at improving land plots and placing simulators on them. It means that it is impossible to change the terms of the contract on the specified basis;
- sports grounds are not capital construction objects.
Document: Resolution of the Second Arbitration Court of Appeal dated 08.25.2020 in case N А28-2104 / 2020