The courts recalled: according to Law N 44-FZ, you cannot force the customer to change the contract
The parties entered into a construction contract. The customer did not transfer all the working documentation and initial data, which prevented the fulfillment of obligations on time. The contractor asked to extend their period with an additional agreement, but the customer did not answer.
The contractor decided to prolong the contract in court. In his opinion, there is such an opportunity in Law N 44-FZ and the Civil Code of the Russian Federation.
Three instances denied the claim:
According to the Civil Code of the Russian Federation, a contract can be changed by a court decision only in exceptional cases. The reasons why the contractor asked for an extension of the time limit do not apply to them;
temporary impossibility to execute the contract is not a reason for its adjustment under the Law N 44-FZ. The contractor had the right to suspend work or withdraw from the contract, but not to force the customer to extend its term;
The Civil Code of the Russian Federation does not take into account the specifics of public procurement. Law N 44-FZ allows changing the construction contract only by agreement, but the parties did not conclude it. They can do this when the customer eliminates the reason why the work cannot be completed on time.
Recall that similar conclusions were recently supported by the RF Armed Forces.
Document: Decree of the Arbitration Court of the Far Eastern District of July 14, 2022 in case N A73-14405 / 2021