Issues of Cooperation between a Customer and a Construction Contractor in Fulfillment of a State (Municipal) Contract

The article draws a conclusion about the privileged position of a public participant in certain types of civil law relations (including the contract system in the field of procurement for state and municipal needs). Based on 10 years of experience in the field of public procurement and the analysis of judicial practice in recent years, the author identifies the most problematic aspects of the interaction of the parties to the contract regulating the relations of the construction contract: 1) issues related to the transfer of technical documentation; 2) going beyond the budget; 3) the difficulty of quickly resolving issues in the course of work; 4) signing of the necessary documents when accepting the work. The ways of solving the problems included in each of these categories are analyzed. Information is provided on the decisions of the antimonopoly and financial authorities affecting these areas. Special attention is paid to the arguments that can prove the correctness of a bona fide contractor (including in the context of the creditor’s delay, the customer’s failure to fulfill the obligation to cooperate within the framework of the contract).