The state customer limited the subject of the contract to evaluate the experience - the cassation did not find any violations
The customer purchased work for the construction of a highway. To evaluate his experience, he accepted contracts for construction, reconstruction of roads, as well as complex contracts that included similar work.
The controllers and the trial court decided that the assessment provision should also take into account contracts for major repairs and demolition.
The appeal and cassation did not agree with them:
• disputed contracts were not correctly taken into account, since they do not relate to the subject of the future contract. To evaluate experience, you need to choose those that are related and comparable to it. Contracts for demolition and overhaul cannot be considered as such;
• the customer purchased work for the construction of a complex facility. Its safe operation can only be guaranteed by a contractor with construction experience;
• according to the terms of procurement, the work is paid in advance. If you enter into a contract with someone who has experience only in major repairs or demolition, there is a risk that after receiving an advance, the contractor will only carry out preparatory activities. Due to the lack of experience in construction and reconstruction, he will not be able to properly fulfill the main part of the contract.
Note that in practice you can find a different opinion.
Document: Resolution of the Moscow District Court of July 15, 2024 in case No. A40-179323/2023.
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