Supreme Court of the Russian Federation: unilateral refusal of the customer from the state contract is not always the basis for inclusion in the RNP
The contractor did not complete the construction work on time, so the contract with him was terminated unilaterally. The controllers did not include the information in the RNP. The customer appealed this decision.
The courts sided with the antimonopoly authority:
during the execution of the contract, the contractor repeatedly reported on the shortcomings of the project documentation and estimates. They were not eliminated before the unilateral refusal;
the customer did not provide all the initial data about the site, so the contractor performed additional work at his own expense. Without them, the safety of the construction site could suffer;
despite the fact that only 34% of the total amount of work was completed, such work was the most difficult and unprofitable. There are no complaints about their quality;
the contractor has a good reputation. The fact of intentional evasion from the execution of the contract was not proved;
the unilateral refusal of the customer from the contract is not always the basis for inclusion in the RNP.
The Supreme Court of the Russian Federation did not review the case.
Document: Definition of the Armed Forces of the Russian Federation from 10/25/2021 N 306-ES 21-19470