The contractor did not pass the examination due to its rise in price - the courts collected a fee for project work
The contractor completed the design work, but did not receive the conclusion of the state expert examination, because its cost has risen significantly: due to additional work, the result was handed over after the prices were changed. The Company asked the customer to increase the contract price and extend the term.
The customer did not do this and terminated the transaction unilaterally. Among other things , he explained: according to the terms of the contract, it is necessary to obtain a positive expert opinion, without it, the works have no consumer value. The contractor appealed to the court.
The court refused. The appeal and cassation supported the contractor and collected the main debt minus the examination, the fee for the services of a representative, because:
the absence of a positive conclusion does not mean that you do not have to pay for the work actually performed. Their result has value for the customer. He can use it when signing a contract with another contractor;
due to additional work and an increase in the deadline for the delivery of the result, the cost of the examination exceeded the contract price by 2 times. But the customer avoided changing its terms and conditions and did not assist the contractor in fulfilling its obligations.
The RF Armed Forces did not review the case.
It should be noted that in the practice of such disputes, courts often take the position that project work without a positive conclusion of the state expertise has no consumer value. This was recently pointed out, in particular, by the AC of the Moscow and Central districts.
Document: Definition of the Armed Forces of the Russian Federation of 12.04.2022 N 304-ES22-3665