Krasnoyarsk road workers increased the cost of marking, but they will return the money to the budget

In Krasnoyarsk, the prosecutor’s office achieved a return to the budget of 10.6 million rubles, which are recognized as unjusting the enrichment in the execution of the municipal contract for road markings.

The prosecutor's office said that at the end of 2022 LLC “Breeze center“ took up the execution of the contract for the application of the road markings In Krasnoyarsk. The cost of work was estimated at 106.3 million rubles, but the volume in the contract was not clearly agreed. Only actually executed applications had to pay.

“Six months later, the parties entered into an additional agreement to increase the price of the contract by 10%, referring to the norms of the law on procurement. However, the counterparties did not take into account that the change in the essential terms of the contract, including the price, is permissible exclusively with the corresponding increase in the amount of work performed. The prosecutor's office considered this illegal due to the uncertainty of the initial volume of obligations and filed a lawsuit to declare the utility is invalid. The transaction violated the equality of market participants, providing unreasonable advantages to the contractor“, – Explained in the prosecutor's office.

The court supported this position and decided to recover 10.6 million rubles of unjust enrichment from the company. The defendant’s arguments about the “increased needs” of the customer were rejected.

Control over the execution of the court decision continues.