The court ordered the contractor to reimburse the costs of Housing and communal services, although there was no such condition in the state contract
The parties signed a contract for the overhaul of the building. They signed the acceptance certificate with the condition that upon completion of the work, the customer bills the contractor for the energy resources used during the repair. The contractor did not pay them, because the contract did not impose the obligation of compensation on him.
Three instances recovered the money:
• neither the Civil Code of the Russian Federation nor the contract regulates who bears the costs of paying for utilities during the period of contract work at the facility;
• The contractor is subject to the presumption of professionalism and foresight of costs in the performance of obligations. The contract did not specify that the customer compensates the contractor for the costs of the disputed services. It was he who consumed resources during the work on the site, and not the customer;
• The parties agreed in the acceptance certificate on the condition of billing the contractor for the resources used. It was signed without objections or comments.
The Supreme Court of the Russian Federation did not review the case.
Document: Ruling of the Supreme Court of the Russian Federation dated 03/11/2024 N 308-ES23-25865
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