The parties agreed to repair the highway. The customer identified 2 defects as a result of the work. Since they were not eliminated, he added a double fine. The contractor did not pay.
The courts levied a fine in a single amount:
all the shortcomings related to the quality of the overall result of work on 1 object;
in this case, the presence of two types of defects does not mean that the contractor has committed 2 independent violations.
Earlier, the Armed Forces of the Russian Federation supported the courts, which in a similar situation also collected a fine from the contractor for 1 violation. Then the shortcomings of the repair were related to the overall result of the work, although they were identified on different sections of roads and recorded in several acts.
Document: Resolution of the 2nd AAC of 01.09.2022 on the case N A82-2532/2022