Shortcomings of works are not always a reason to refuse acceptance and payment under a state contract, the courts recalled
The customer paid for the work partially, because the examination found violations. Disadvantages precluded full acceptance. He later withdrew from the contract due to unavoidable deficiencies and delays. The contractor appealed to the court.
Three instances recovered the debt, penalties and state duty from the customer:
• the customer's expert has not supported his conclusions in any way. They cannot be recognized as proper evidence. At the same time, the contractor submitted a conclusion that the quality of work met the standards;
• the shortcomings of the works themselves are not a reason to refuse acceptance and payment. The customer has not proved that the violations are significant or irremediable, and the result of the work has no consumer value for him.
Recently, the AC of the Moscow District recalled the position of the Presidium of the Supreme Arbitration Court of the Russian Federation: the presence of removable defects does not give the customer the right to refuse acceptance and payment.
A similar conclusion was made by the AS of the West Siberian District. He stressed that in such a situation, the customer, as a general rule, can, for example, demand to eliminate defects for free or to reduce the price proportionately.
Document: Resolution of the AC of the Far Eastern District of 04.08.2022 in case N A51-19834/2021