The Ministry of Construction of the Russian Federation spoke about the procedure for applying Methodology No. 841/pr when adjusting contracts in accordance with Resolution No. 1315
The Ministry's specialists noted that the recalculation of the contract price in accordance with the Decree of the Government of the Russian Federation dated 08/09/2021 No. 1315 "On Amendments to Certain Acts of the Government of the Russian Federation" (hereinafter referred to as Resolution No. 1315) can be carried out during 2023. At the same time, the Methodology for estimating the contract, the subject of which is the construction and reconstruction of capital construction facilities (hereinafter referred to as the Methodology), approved by the order of the Ministry of Construction of the Russian Federation dated December 23, 2019 N 841/pr, contains provisions on recalculation:
- the remainder of the work to be performed within the framework of the execution of the contract;
- works performed by the contractor and paid for by the customer in 2021-2022 before the date of calculation;
- works performed by the contractor and paid by the customer from the date of settlement to the date of conclusion of an additional agreement on changing the contract price. At the same time, the change in the cost of work performed by the contractor and paid by the customer from January 1, 2023 to the date of submission of the calculation (if such a calculation is submitted in 2023) is not provided for by the provisions of the Methodology.
At the same time, it is emphasized that if the circumstances that arose during the execution of a specific contract cannot be settled by the parties on the basis of the provisions of Resolution No. 1315 and the provisions of the Methodology, then the essential terms of such a contract can be changed on the basis of part 65.1 of art. 112 of Law No. 44-FZ, which allows, in the presence of a decision provided for by this norm, to change any essential terms of any contract concluded before January 1, 2024, if circumstances beyond the control of the parties to the contract arose during the execution of such a contract, entailing the impossibility of its execution.
Document: Letter of the Ministry of Construction of the Russian Federation dated December 13, 2023 N 33841-OG/09
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