Can a client refuse to pay if they consider the model insufficiently detailed?
Case No. A43-8752/2024 shows that:
the court assesses the intended purpose of the 3D information model and the requirements agreed in the contract and technical specification.
The client engaged the contractor to prepare design documentation, develop three-dimensional information models and carry out engineering surveys.
After terminating the contract in relation to several specifications, the client demanded repayment of advance payments, citing, among other things, non-compliance of the deliverables with GOST standards and Russian Government Resolution No. 87.
The contractor argued that:
the model in question was an interim design deliverable, and its scope and level of detail were defined by the technical specification.
What did the courts establish?
- no mandatory GOST requirements governing the level of detail of such an interim model were identified;
- Resolution No. 87 was not considered determinative for assessing the model under the specific contract;
- the quality of the deliverable was assessed based on the contract and technical specification, taking into account Article 721 of the Russian Civil Code;
- the actual use of the model confirmed its value to the client;
- certain formatting deficiencies did not justify refusing payment in full for work that had provided a useful result.
The contractor was ordered to pay a penalty for missing the deadlines. At the same time, the court recognised the contractor’s right to payment for the scope of work established by the expert assessment.
Important qualification
The court’s conclusion should not be interpreted as permission to disregard GOST standards, codes of practice or Resolution No. 87.
Mandatory statutory requirements apply first, followed by the terms of the contract and technical specification, including any standards expressly incorporated into them. Where the requirements are incomplete, the standards normally applicable to such work must also be taken into account.
The dispute concerned a contract concluded in 2023. For new technical specifications, it is also necessary to check the applicability of Russian Government Resolution No. 614 concerning the creation and maintenance of information models for capital construction projects.
Therefore, the correct approach is not “technical specification instead of GOST”, but:
mandatory requirements plus specific and verifiable requirements set out in the contract and technical specification.
What should be specified in the technical specification for a 3D model?
1. Purpose and status of the deliverable
Specify the purposes for which the model is being created: visualisation, design coordination, clash detection, quantity take-off, design, construction or operation. Define whether it is an interim deliverable, a standalone deliverable or part of the information model of a capital construction project.
The technical specification should be attached to the contract, with its version and date clearly stated.
2. Required level of detail
For each discipline and type of element, specify:
- geometric detail and accuracy;
- mandatory attributes;
- permitted simplifications and exclusions;
- model structure requirements.
Simply specifying an LOD level without describing the required geometry and information content is not sufficient.
3. Formats and data exchange requirements
Specify the source and deliverable formats, software versions and exchange standards, coordinate system, vertical datum, units of measurement, file structure and data storage arrangements.
For an open format, separately define requirements for preserving geometry, attributes and relationships after export.
4. Verification and acceptance procedure
Define:
- the stages for submitting interim and final versions;
- the procedures for checking geometry, attributes, coordinates and clashes;
- permitted deviations and critical errors;
- deadlines for correcting deficiencies;
- which takes precedence in the event of discrepancies between the model and the documentation;
- the documents confirming delivery and acceptance.
A dispute over the level of detail of a model begins where the contract and technical specification use terms such as “sufficient”, “complete” or “necessary” without defining measurable acceptance criteria for the deliverable.
