We approved the conditions for changing long-term construction state contracts with an increase in prices for materials
The government decided to support the construction industry due to the rise in the cost of price-forming resources. Thus, federal customers from a special list will be able to adjust contracts on the basis of clause 8 of Part 1 of Article 95 of Law No. 44-FZ. It includes, for example, departments, the Armed Forces of the Russian Federation, state-owned companies.
You can make changes if several conditions are met: a
contract with a price of 1 million rubles and above, which is concluded before July 1, 2021 for a period of at least a year;
the obligations under the contract as of the date of conclusion of the agreement on changing its terms are not fulfilled;
there is a documented proposal of the contractor for an adjustment;
there is a government decision;
the adjustment is within the LBO and does not increase the contract execution period or its price by more than 30%;
the scope of work, design, organizational, technological and other solutions do not change;
the amount of the price increase was determined based on the results of a repeated state examination of the project documentation in terms of verifying the reliability of the estimated cost of construction — for contracts with a price of 100 million rubles and above.
The government recommends that regional and municipal state customers, as well as customers under Law No. 223-FZ, also take into account innovations.
The amendments will work from August 21.
Document:
Decree of the Government of the Russian Federation of 09.08.2021 N 1315