Are termination of a construction contract and its termination mutually exclusive requirements?

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As an example, an expert's conclusion may be rejected for the following reasons:

1) established circumstances of non-coordination of design and estimate documentation with the customer;

2) non-compliance of the work performed with the terms of the contract;

3) unreliability of acceptance certificates of completed work;

Supreme Court opinion dated 06.02.24, case 921/515/20.

QUESTION - 43: If a lawsuit to terminate a construction contract is filed with the court after the contract has expired, is it possible to terminate it?

No, it is impossible! Only a valid contract, one whose term has not expired, can be special database terminated. A similar conclusion of the Grand Chamber of the Supreme Court dated 12.09.23, case 910/8413/21.

However, the parties are not deprived of the opportunity to file a lawsuit to recover an advance payment or debt for unpaid work, there is a period of 3 years.


I note that a contract that has ceased to be valid cannot be terminated. And the termination of a contract and its termination are different, mutually exclusive requirements!

QUESTION - 45: Are the "term of the contract" and the "term of performance of the obligation" under a construction contract the same thing?

No, these concepts do not mean the same thing! These concepts are not identical. The term of the contract is the period for which the construction contract is concluded. The term of the obligation is a period that is not tied to the term of the contract, but may exist even after its expiration.

QUESTION - 46: The construction contract has expired, but there are still unfulfilled obligations under it, is it necessary to fulfill them?

Obligations that were stipulated by the contract and remained unfulfilled after the expiration of the contract must be fulfilled! There is no binding to the term of the contract. The grounds for terminating obligations under the contract are stipulated by the contract itself or by law, in particular as a result of their fulfillment.