Construction Supervision as a Condition for the Return of the Warranty Retainerage in Contractual Obligations

The article deals with law enforcement issues related to the refund of the amount of the guarantee withholding under the construction contract. The author states that the Russian civil legislation does not contain a closed list of the fulfillment of obligations and the grounds for their return. Therefore, the consequence of the foregoing is the generation by contractual practice of establishing additional ways to ensure the fulfillment of obligations, that is, a warranty retention. Thus, the application of the retention warranty is determined by the option of application of other ways of securing the fulfillment of contract obligations, as the compliance with freedom-of-contract doctrine. This study analyzes judicial practice with a description of these issues. However, the urban planning legislation imperatively fixed the construction control in the order of organizing the construction of various objects. The article also studies the timing of payment of the amount of the guarantee withholding, determination of the moment of fulfillment of this obligation, as well as liability for failure to perform it. Taking into account the analysis of judicial practice and the current urban planning legislation, the author comes to the conclusion that construction control can be seen as a condition for the return of the guarantee retention.