The inspection report of the inspectors is not a reason to collect the overpayment after acceptance under the state contract
The customer paid for the work under the contract. The Federal Treasury Department revealed the overpayment. The customer, on the basis of the inspection report, demanded that the contractor return it.
The courts did not support the customer:
the inspection report does not oblige the contractor to return the money, there is no such basis in civil law. This document alone is not enough to prove an overestimation of the volume and cost of work;
no forensic examination was conducted;
the check was in relation to the customer. The violations of budget spending committed by him should not lead to consequences for the contractor;
the acceptance documents were signed by the parties, and the work was carried out without comments.
The same position was previously held by the Russian Armed Forces.
However, there is an example where the customer was still able to prove the overpayment.
Document: Resolution of the North Caucasus District Administrative Court of 20.01.2021 in case N A20-466/2020