Termination of the state contract does not exempt from the guarantee obligations, the cassation reminded
The parties agreed on the repair of roads. The work was partially completed. Later, the contractor refused the contract. The customer demanded to provide warranty obligations in the amount specified in the contract.
The contractor refused: under the terms of the transaction, the warranty period begins to flow from the moment of signing the acceptance certificate of completed works. Since the repair has not been completed, such an act cannot be issued, which means that the contractor is not obliged to give a guarantee. In addition, the size of the warranty obligations should depend on the cost of the work performed.
Three instances supported the customer:
- termination of the contract does not release the contractor from providing warranty obligations;
- although the repair was partially completed, under the contract, the security must be paid in the amount of 1% of the initial maximum contract price. The parties agreed on a firm amount, its size did not depend on the volume of work performed.
Earlier, the Supreme Court of the Russian Federation agreed with similar conclusions of the courts.
Document: Resolution of the Arbitration Court of the Central District of 02/15/2023 in case N A36-3862/2022