Courts: the state customer can recover the difference in price if substitute transactions are concluded
The customer refused to perform the contract: an out-of-court examination found shortcomings in the work performed. The contractor did not respond to the claims.
After the termination of the contract, the customer entered into replacement transactions and demanded, among other things, compensation for the difference between the price of the original contract and the cost of comparable work under the new contracts.
The court ruled that such a requirement is legitimate. Replacement transactions for a large amount were concluded with other counterparties due to the unfair behavior of the contractor.
The Supreme Court did not review the case.
Document:
Definition of the Supreme Court of the Russian Federation of 30.12.2020 in the case N A33-21752/2018