The Ministry of Construction told about the specifics of adjusting contract prices in accordance with Resolution No. 1315 and Order No. 841/pr
The specialists of the Ministry noted that in accordance with the provisions of the Methodology for making estimates of the contract, the subject of which is the construction, reconstruction of capital construction facilities, approved by the order of the Ministry of Construction of the Russian Federation dated December 23, 2019 N 841/pr, the cost of work performed by the contractor and paid by the customer in 2021-2022 before the date of execution of the corresponding calculation, as well as the cost of work performed by the contractor and paid by the customer from the date of execution of the calculation to the date of conclusion of an additional agreement on changing the contract price, subject to adjustment. At the same time, they stressed that the increase in the price of works performed and accepted by the customer from January 1, 2023 to the date of submission of the calculation is not provided for by the specified Methodology.
Recall that according to the decree of the Government of the Russian Federation of 09.08.2021 N 1315 "On amendments to certain acts of the Government of the Russian Federation" in connection with a significant increase in 2021 and 2022 prices for construction resources, it is allowed to change essential conditions, including changing (increasing) the price of contracts, the subject of which is the performance of construction work, reconstruction, major repairs, demolition of the capital construction object, carrying out works on the preservation of cultural heritage objects, which are concluded to meet federal needs. Such a change is possible if a number of conditions are met, including that it is carried out within the limits of budget obligations brought to the recipient of funds from the federal budget and budgets of state extra-budgetary funds and does not lead to an increase in the term of performance of the contract and (or) the contract price by more than 30%.
Document: Letter of the Ministry of Construction of Russia dated October 18, 2023 N 64206-AB/09
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