The state contract was terminated at the initiative of the customer - the contractor charged him the costs of the guarantee
The parties entered into a construction contract. The supervisory authority warned the contractor that the design documentation had not passed the environmental review and offered to ensure that it passed. The customer asked to stop work. The deal was later terminated by agreement without performance.
The contractor demanded compensation for damages - a commission for issuing a guarantee. The customer did not.
Appeal and cassation collected money:
- according to Law N 44 and the terms of the procurement, the provision of a security for the performance of the contract was mandatory for its conclusion. The contractor spent money on it and planned to reimburse the costs from the payment for the work, but due to the fault of the customer, he could not do this;
- the contract was terminated at the initiative of the customer in order to conduct an environmental review and correct the project documentation. The contractor did not violate obligations.
It should be noted that recently the Supreme Court of the Russian Federation supported the courts, which also recovered from the customer, among other things, the costs of the guarantee, since the contract was terminated due to shortcomings in the project documentation.
Document: Resolution of the Arbitration Court of the North-Western District dated 08.12.2022 in case N А05-3553/2022