The examination took place outside the deadline for performing work under a state contract - the courts did not collect a penalty.
The parties entered into a contract for design work. According to its terms, the customer sent the result for state expertise. With a positive conclusion, he made out the acceptance. The moment of completion of work determined the date when the customer signed the acceptance certificate.
The project was handed over on time, but the conclusion of the examination was received when the deadline for performing work under the contract expired. The customer signed the acceptance certificates and charged penalties.
The appeal and cassation did not recover the money:
- Work completed and delivered on time. The customer had to pass the examination;
- the acceptance time is not included in the delay period. The fact that the date of registration of acceptance certificates was taken as the moment of fulfillment of obligations does not change this;
- the terms of the contract on the period of performance of work cannot depend on the passage of the examination. The contractor did not participate in it and could not influence the actions of the customer.
It should be noted that the courts in such disputes rely on the position of the Supreme Court of the Russian Federation that the obligation under the contract is considered fulfilled at the time the result is presented for acceptance, without taking into account the time period for its implementation and execution. Thus, the Arbitration Court of the North Caucasus District took this approach into account and did not charge a penalty fee, since the design work was handed over on time, and the contractor could not influence the timing of the examination.
Document: Decree of the Arbitration Court of the Volga-Vyatka District dated 17/10/2022 in case N A31-14330/2020