Госконтракты: как подрядчику взыскать оплату за допработы

In this analysis, lawyer Elena Kozina shares real-life case law on protecting contractors' interests in disputes with government customers. You will learn: ✅ How to recover payment for additional work if an additional agreement is not signed ✅ Why courts often side with the customer—and how to change this dynamic ✅ Which documents are critical during contract execution ✅ How to respond to claims for the return of advance payments, penalties, and "overpayments" years after the project is completed ✅ Why classifying a contract as a "purchase and sale of future real estate" can save the contractor Subscribe to the channel    / @constructionconf   ► Telegram https://t.me/constructionconf ► Follow the link for free materials from Construction Foresight: a selection of books and a questionnaire for preparing a construction contract https://t.me/constructionconf_bot 📌 *For whom:* • Lawyers for construction companies and contractors • Managers and Chief Project Engineers working with government procurement • Lawyers specializing in arbitration disputes • Tender and contract management specialists 🎯 Key Takeaways for the Contractor 🔸 *Additional Work:* — Notify the client in writing of the need for additional work and include an estimate — Record not only the fact but also the cost: without an agreed-upon price, recovery is unlikely — Suspend only the additional work (not the entire project!) under Article 716 of the Civil Code of the Russian Federation 🔸 *Acceptance and Penalties:* — Record any comments from the client in correspondence — Signed KS-2/KS-3 without objections are your shield in court — Penalty for late acceptance? Prepare a counterclaim 🔸 **Retroactive Claims**: — Errors in the estimate and budget classification code are the responsibility of the customer, not the contractor — The position of the Supreme Court of the Russian Federation: regulatory authorities cannot shift risks to a bona fide contractor — Retain all documentation for at least 5–7 years after contract execution 🔸 **Contract Qualification**: — If the contract includes an obligation to "transfer apartments/premises," demand that it be qualified as a sales contract for the future property — This shifts the burden of acceptance of the property to the customer and provides grounds for counterclaims 📚 Useful links and regulations • Civil Code of the Russian Federation: Article 716 (suspension of work), Article 743 (additional work) • Federal Law No. 44: Article 95 (contract modification, 10%/30% limits) • Review of Supreme Court of the Russian Federation No. 2 (2020) and No. 1 (2024) on construction disputes • Resolution of the Plenum of the Supreme Court of the Russian Federation No. 51 (current clarifications on contracts) #GovernmentContract #Contractor #ConstructionDisputes #AdditionalWork #Arbitration #44FZ #ElenaKozina #ContractorProtection #CourtPractice #ConstructionLawyer #PaymentRecovery #GovernmentProcurement #KS2KS3 #Article 716 of the Civil Code #AccountsChamber