Право заказчика на немотивированный отказ от договора подряда и механизм возмещения убытков подрядчика

Abstract

Disputes related to construction contract traditionally constitute a significant part of the cases considered by commercial courts. According to the Judicial Department of the Supreme court of the Russian Federation, the number of disputes from a construction contract (in particular, disputes arising from improper performance of obligations) in commercial courts significantly exceeds other categories of cases from other types of contracts in terms of the size of claims. It seems that there are several reasons for this circumstance. Firstly, to date more than 20 years have passed since the adoption of the only review of the practice of resolving disputes under a construction contract (Information Letter of the Supreme Commercial Court of the Russian Federation dated January 24, 2000 No. 51) Secondly, today there is not enough systemic clarification on a number of fundamental issues of the performance of the contract (for example, the possibility of changing the fixed contract price by agreement of the parties, increasing the term of the government contracts, etc.) In this regard, contractual regulation of construction projects is not only relevant, but also a difficult area of legal practice.