The courts ordered the state customer to pay for the works that were handed over outside the term of the contract
The parties concluded a deal for project work in 2 stages. The customer paid for the 1st stage. The certificates for the work on the 2nd stage were handed over when the contract period had already expired. The customer did not sign them, the result was not paid.
Appeal and cassation money recovered:
- the project documentation received a positive conclusion of the state expertise. The customer accepted the 1st stage of work, did not make any claims to the results of the 2nd stage. The fact that the works had no consumer value was not proved;
- when the contract expired, the customer did not inform the contractor that there were no grounds to perform the work. He promoted their continuation. This indicates the interest in the result and the groundlessness of the argument about the end of the contract.
In practice, there is an example when the courts also did not support the customer, who refused acceptance with reference to the expiration of the contract.
The courts decided that the fact that the contract has expired is not a reason to terminate the obligations, even if there is such a condition in it. The rule works when the customer did not notify the contractor of the absence of grounds for continuing the work and showed interest in continuing them.
Document: Resolution of the AC of the Moscow District of 20.01.2023 in case no. A-40-110792/2022