According to the contract, the reporting documents for its last stage are submitted until January 15. A penalty is provided for late payment.
The contractor sent the documents on time. But the customer returned some of them and asked to correct them. The performer did so and submitted them again on January 17.
The customer demanded a penalty for late reporting. The courts did not support it, because the documents:
- sent on time. The fact that the customer partially did not accept them is not a reason for a penalty. In the letter, he did not point out the improper performance of the counterparty's obligations. He only suggested that the actual volume of services for the reporting period should be included in the documents;
"that's right.
Document: Resolution of the AC of the North-Western District of 13.01.2021 in case N A56-16490/2020