Additional work was performed without an agreement - the state customer was charged with taking into account behavior and correspondence
The parties agreed on the improvement of the square for 2 years. The result was submitted ahead of schedule. The customer accepted it partially, did not pay for additional work. He verbally promised to do so in the second round of funding, but later refused.
Three authorities collected money:
- would not have achieved the purpose of the contract without additional work. Their necessity was confirmed by the customer's employees when they drew up acts of acceptance of hidden work and intermediate acceptance of critical structures;
- the contractor completed the landscaping of the project, which was transferred to him. The customer had no complaints about the result. The total cost did not exceed the fixed price of the contract, budget funds were saved;
- disputed works were agreed by conclusive actions and correspondence. The fact that the customer was not warned about them in writing does not indicate the abuse of the contractor and does not exempt from payment. Works have consumer value.
Note that in practice there is an example when the customer was also charged for additional work, although the parties did not conclude an agreement. The courts decided that they were agreed upon in correspondence, since the additional agreement is not the only written form of the customer's consent.
Document: Resolution of the Arbitration Court of the Central District dated 12/27/2022 in case N A14-12431 / 2021