Court: the state customer is not liable for late payment due to lack of funding
The court recognized as legitimate the condition of the contract, under which the customer is exempted from liability for late payment of works performed, due to untimely receipt of budgetary funds.
On the basis of this condition, the contractor was refused collection of penalties from the customer because of delay in payment for the work performed. The resolution noted that the delay in payment coincided with the period when there was no financing.
Despite the favorable outcome for the customer, it is not recommended to include such a condition in the contract. It does not correspond to Part 9 of Art. 34 of Law N 44-FZ. In most cases, the courts, relying on the position of the RF Supreme Arbitration Court, do not recognize the lack of funding as an excuse for exemption from liability.
Document:
Resolution of the AU of the East Siberian District of 07.02.2018 in the case N A33-771 / 2017