Armed Forces of the Russian Federation: hidden works must be paid, even if the state customer was not invited to their separate acceptance
The parties have signed a contract for the work. The customer paid for them partially, since the hidden works were performed without his representatives, and he did not receive a separate notification of their acceptance.
The contractor explained that the customer was informed about the readiness of hidden works, but his representatives did not arrive for acceptance. Therefore, the acts were drawn up unilaterally.
Three instances collected payment:
the customer was notified of hidden works in the executive documentation, there were, including acts for such works, but he evaded acceptance. He did not express any comments on the quality and volume;
according to the contract, the customer could demand to reveal the result of hidden works, but did not do so;
the law and the contract do not give the customer the right to refuse to pay for hidden works if he has not received a separate invitation to accept them. He did not challenge the unilateral act of acceptance.
The Supreme Court of the Russian Federation did not reconsider the case.
Document: Definition of the Armed Forces of the Russian Federation of 27.06.2022 N 305-ES22-10785