The courts did not allow the state customer to collect a penalty for the delay in signing the acceptance document

22 July 2021, Thursday

The contract establishes the contractor's liability for late fulfillment of obligations. The customer, among other things, wanted to collect a penalty from him for the delay in signing the final act of the completed works.
The courts considered it illegal to
charge a penalty for late signing of the final act is not based on the terms of the contract and the norms of the legislation;
the contract provides for liability for late performance of work. The signing of the final act does not apply to them and is only the basis for the final settlement of the contract;
the signing of the final act is a joint action of the customer and the contractor. It cannot be regarded as a separate obligation, for violation of the terms of which a penalty can be charged.
Resolution of the AC of the Moscow District of 28.06.2021 in the case N A40-105727/2020

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