The state contract was terminated due to the fault of the contractor — the court recovered the difference with the total cost of replacement transactions
The parties agreed on the cleaning of the premises and the surrounding area. Prior to the start of the provision of services, the contractor announced that he would not be able to fulfill his obligations. The deal was terminated by agreement.
The customer has concluded several contracts with other persons. Later, he demanded compensation for losses in the form of the difference between the price of the terminated contract and the total value of replacement transactions, but the contractor did not do this.
The appeal recovered damages:
- the contractor has not justified his refusal to fulfill obligations. He did not report force majeure, did not participate in court sessions and did not point out the high price of replacement transactions;
- the customer was forced to conclude contracts for a large amount with other persons through the fault of the contractor. The difference in its costs formed losses. Their size and the presence of a causal relationship proved.
It should be noted that the court may not recover such damages if the customer simultaneously demands a penalty. According to the Civil Code of the Russian Federation, losses are compensated in the part that the penalty does not cover, unless there is another procedure in the law or contract.
In practice, there is an example when the courts did not recover such a price difference. The contract did not fix the possibility to recover damages in excess of the penalty, and its amount covered the amount of losses.