The courts reminded: the act of the financial control body is not enough to prove the overpayment under the state contract
The parties entered into a contract for current repairs. The customer accepted and paid for the work in full.
The Treasury revealed an overpayment: the price of work in the contract estimate did not correspond to the estimates from the Unified Information System. The contractor did not return the money.
The courts did not recover them:
• the price of the contract is firm. The cost of paid work did not exceed it;
• the result of the repair was accepted without comment. In terms of content, the KS-2 acts corresponded to the estimate of the contract and the total cost of the work. There were no discrepancies in the procedure for determining the price between them;
• the act of inspection of the treasury does not prove the overpricing of the work. The contractor performed them qualitatively on the terms of the customer and should not be responsible for his errors in the calculations.
It should be noted that the courts have taken a similar position in the past.
Document: Resolution of the 5th Arbitration Court of Appeal dated 03.10.2022 in case N A51-5642/2022