Claim under a construction contract in 2021: due to non-payment, construction contract, sample

Author

Sergey Ershov

Registration number in the register of lawyers of St. Petersburg – 78/5563

The contract has been concluded, all the main points have been taken into account, the price of the work and terms have been agreed upon. Only the other party is in no hurry to fulfill the terms of the agreement, or fulfills them, but not to the agreed volume, in the wrong form or on time. A claim under a contract with justified requirements will help convince the counterparty to rectify the situation without bringing the matter to court.

Forms and samples of claims and responses under a contract

I have prepared forms and samples of claims under a construction contract, relevant in 2021, and sample responses to claims for various situations. I also provide the rules for filing a pre-trial claim, the procedure and deadlines for sending claims with references to legislative norms, and indicated the deadlines for considering letters of claim.

You can competently file a claim without contacting a lawyer. To help you:

Claim form.
Sample complaint to the customer regarding payment.
Sample claim for non-performance of work.
Sample claim for violation of work deadlines.
A sample claim requesting that deficiencies in the work be corrected.
Sample claim for elimination of deficiencies in the results of work under a construction contract during the warranty period.

To prepare a response to a claim under a contract, you may find the following helpful:

Claim response form.
Sample response to a complaint about poor quality work.
Sample response to a warranty claim.
Sample response to a complaint about missed deadlines.
Sample response to a claim for violation of payment terms under a contract.

Customer Reviews

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Review by Marcheilo I.V. On September 24, 2021, I turned to Konstantin Vasilievich for legal advice. I would like to express my gratitude for your sensitive, attentive attitude and qualified assistance. I received a comprehensive answer to all my questions. They helped a lot. Thank you! Sincerely, Marcheilo Irina Vladimirovna.

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Gratitude from N.S. Khokhlov I am Khokhlov N.S. I express special gratitude to lawyer A.V. Pavlyuchenko who defended my consumer protection rights. I was pleasantly surprised by his professionalism, where he discovered the false address of my defendant registered in the Unified State Register of Legal Entities, and also defended me, as I believe, from the unreasonable decisions of the trial judge. If I need legal assistance in the future, I will only turn to A.V. Pavlyuchenko.

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07.05.2018

What is a construction contract and a claim under a construction contract?

Construction contract - an agreement for construction, reconstruction, installation, commissioning and other construction work, incl. and intended to satisfy the household or personal needs of the customer (Article 740 and Article 730 of the Civil Code of the Russian Federation). The document provides for the obligation of one party to carry out the work, and the other to accept and pay for it in the agreed amount and manner.

In case of violation of the terms of the construction contract, the parties bear civil liability. Fulfillment of obligations can be ensured by a penalty (fine, penalty), pledge, retention of the debtor's property, surety, bank guarantee, deposit and other methods provided for by law or contract.

If the counterparty has violated any of the clauses of the agreement, you have the right to send him a claim, i.e. make reasonable demands to fulfill the terms of the contract in full or to compensate for losses. This is an effective way to resolve a conflict without going to court and resolve a dispute without unnecessary expenses for paying state fees and with significant time savings.

The claim must be made in writing. The purpose of the document is to convey to the other party information about what was done wrong or not done at all, and how this situation can be corrected. Requirements must be stated competently, clearly and correctly.

When filing a claim under a contract is mandatory

By law, construction contracts do not fall into the category of agreements with mandatory compliance with the claims (pre-trial) procedure for resolving disputes. Those. If you are dissatisfied with the other party’s performance of its obligations under the contract, you have the right to go to court without filing a claim.

Submitting a claim is mandatory in the following cases:

If, in addition to being dissatisfied with the counterparty and demanding to resolve the conflict, you want to change or terminate the contract (Article 452 of the Civil Code of the Russian Federation).
If, under a contract concluded between legal entities, one party demands funds from the other party (Article 4 of the Arbitration Procedure Code of the Russian Federation).
If the terms of the contract provide for a pre-trial procedure for resolving disputes.

Important! Lawyers recommend sending a claim to the counterparty even if it is not obligatory - a well-written claim letter will be proof of your desire to resolve the issue amicably if the dispute goes into the category of litigation.

What are the reasons for sending a claim to a counterparty?

Both complete and partial failure to fulfill the terms of the agreement by one of the parties, neglect of them, or performance of inadequate quality and/or in violation of time limits leads to dissatisfaction of the opposite party. In a construction contract, both the customer and the contractor may be dissatisfied.

Important! The arguments set out in the complaint must relate only to the conditions stipulated in the contract.

Most often, letters of claim under a contract are drawn up for the following reasons.

The deadlines for fulfilling obligations were violated.
Inadequate quality of work performed.
Non-compliance of the work with the requirements put forward by the customer.
Terms of payment are ignored.

In what cases should you send a claim to the contractor?

File a claim with the contractor if:

A subcontractor was involved in the execution of the contract in violation of either the requirements of the law or the terms of the contract (Article 706 of the Civil Code of the Russian Federation).
The initial, final or intermediate deadline for completing the work has been violated. Also send a letter of claim if work to eliminate identified defects is not completed on time (Article 708 of the Civil Code of the Russian Federation).
The contractor does not begin to execute the contract on time or performs the work so slowly that completing it on time becomes clearly impossible (clause 2 of Article 715 of the Civil Code of the Russian Federation).
The work is being done, but one cannot count on a high-quality result (Clause 3, Article 715 of the Civil Code of the Russian Federation).
Due to the actions or inaction of the contractor, the safety of your property, provided materials and equipment is at risk (Article 714 of the Civil Code of the Russian Federation).
The work was performed with deviations from the contract that worsened its result, or with other shortcomings that make the object unsuitable for the use specified in the contract (Clause 1, Article 723 of the Civil Code of the Russian Federation).
Deviations from the terms of the contract or other deficiencies in the work performed were not eliminated within the reasonable period established by the customer or are significant and irreparable (clause 3 of Article 723 of the Civil Code of the Russian Federation).

What are the reasons for sending a complaint to the customer?

The contractor should draw up a letter of claim to the customer for payment of money or violation of other terms of the contract if:

The advance payment was not made on time, as well as due to non-payment for work performed under the contract (Article 711 of the Civil Code of the Russian Federation).
The deadlines stipulated by the contract or the procedure for accepting results were violated (Article 720 of the Civil Code of the Russian Federation).
Circumstances that negatively affect the quality of work have been identified, but the customer does not take measures to eliminate them, i.e. within a reasonable time does not replace unsuitable or substandard materials, equipment, technical documentation, does not change instructions on the method of performing work (Article 716 of the Civil Code of the Russian Federation).
The customer’s assistance in performing the work provided for in the contract is not provided (Article 718 of the Civil Code of the Russian Federation).
Obligations regarding the provision of materials, equipment, technical documentation are not fulfilled or the customer interferes with the execution of the contract (Article 719 of the Civil Code of the Russian Federation).
Having received a message about readiness for delivery of the result of work performed under a construction contract or a completed stage of work, the customer refuses to proceed with acceptance (Article 753 of the Civil Code of the Russian Federation).

Grounds for drawing up pre-trial paperwork under a contract

The customer has the right to draw up a letter of claim if it turns out that the contractor is neglecting his duties. You cannot go to court right away; first you need to notify the other party of the need to correct the noticed shortcomings and pay a penalty.

If the other side didn't even start doing anything

According to paragraph 2 of Art. 715, the customer has the right to terminate the contract and demand compensation from the contractor for losses incurred if the work was not started on time (how to recover losses under a work contract?). The customer can also send a pre-trial claim to the other party demanding that they begin to fulfill their duties and pay a fine for violating the terms of the contract.

Violation of the terms specified in the contract

As stated in paragraph 1 of Art. 708 of the Civil Code of the Russian Federation, the contractor is responsible for compliance with both the final and intermediate deadlines for the completion of work. In most cases, the text of the contract prudently indicates the amount of the penalty for delay (how to collect the penalty under the contract?).

Poor quality work

According to Art. 3 715 and paragraph 3 of Art. 723 of the Civil Code of the Russian Federation, if during the execution of the work it becomes clear that its result will not meet the established requirements, the customer may assign the contractor a reasonable period, before the end of which all defects must be corrected.

In this case, the text of the claim letter should include a list of discrepancies with the technical specifications. In para. Clause 3 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 24, 2016 No. 7 states that the customer has the right to recover funds that will be spent on eliminating deficiencies from the contractor, as well as profits lost due to untimely commissioning of the facility.

If the object was planned to be used for the needs of the customer himself, lost profits can be calculated using the average statistical data of his profit.

After completion of the work, a claim can be submitted within the warranty period specified in the text of the contract. If this point was omitted when preparing the papers, then, according to Art. 724 of the Civil Code of the Russian Federation, the presence of deficiencies can be reported within two years from the date of transfer of the result. For a construction contract, this period, in accordance with Art. 756 of the Civil Code of the Russian Federation, is five years (how is the procedure for resolving disputes under a construction contract?).

When claims related to inadequate quality of work results are presented, the rules provided for in paragraphs 1 - 5 of Article 724 of this Code are applied.

In this case, the deadline for discovering deficiencies, in accordance with paragraphs 2 and 4 of Article 724 of this Code, is five years.

But if the customer accepted the work, which already had shortcomings, there is no point in writing a complaint or filing a lawsuit. For this reason, all issues related to the contract must be resolved before the acceptance documentation is signed.

What requirements can be put forward in a claim?

In a claim, you can demand compensation for expenses, damage and lost profits.
Contractual obligations must be fulfilled properly (Article 309 of the Civil Code of the Russian Federation). The standard measure of liability for violation of the terms of the agreement is compensation for losses by the party who failed to fulfill the obligation (Article 15 of the Civil Code of the Russian Federation).

You can claim compensation:

Expenses that have been incurred or that should be incurred to restore the violated terms of the contract.
Real damage, i.e. the value of lost or damaged property.
Lost profits, i.e. lost income that would have been received under normal conditions of civil transactions.

A letter of claim will be a legal way to protect your interests. It is this document that can resolve many conflicts with minimal time and financial losses. To prove the expenses incurred, attach supporting documents (copies of contracts, statements, checks, etc.) to the debt collection claim.

Important! The requirements put forward in the claim depend on which clauses of the contract were violated.

What to require from a contractor

The customer has the right to demand from the contractor:

Fulfill all outstanding terms of the contract in full.
Correct defects in the work free of charge and within a reasonable time, incl. identified during operation (under warranty).
Return the advance payment in full or in the amount of the part paid at the time of termination of the contract.
Conducting an examination, indicating a list of possible expert organizations and a list of questions that need to be posed to the experts.
Compensate for the cost of materials, expenses for expert opinions.
Pay the costs of eliminating deficiencies by other persons/organizations.
Proportionately reduce the price set for the work if the work is not completed in full, of poor quality or not on time.
Compensation for losses caused, including additional costs caused by downtime, or rescheduling of work, or an increase in the price of work specified in the contract.

What can be presented to the customer

The work performer (contractor) may present the following requirements to the customer:

Pay an advance or collect debt for work performed.
Reimburse costs incurred.
Pay the amount of the security deposit.
Provide access to the site for work.
Provide design and estimate documentation, materials, equipment, etc.

Is it possible to demand payment of a penalty?

In addition to the above, in case of violation of the terms of the contract, both the customer and the contractor have the right to insist on the payment of a penalty (a fine for failure to fulfill an obligation or for late payment), regardless of whether it is provided for by agreement of the parties (Article 332 of the Civil Code of the Russian Federation):

If the amount of the penalty is specified in the contract, then it is returned in full.
If the obligation to pay a penalty is not provided for by agreement of the parties, then you have the right to demand payment of a legal penalty.

On a note. If monetary obligations were not fulfilled on time, you can demand payment of interest under Art. 395 of the Civil Code of the Russian Federation.

CLAIM

On the basis of the Contract Agreement No.____ dated “___”_____20__ concluded between us, you have undertaken to provide services for the performance of work in the volume and manner provided for in the Agreement and the annexes to the Agreement.

In turn, our organization assumed the responsibility to pay for the services and work provided by the Contractor, to provide the Contractor with access to the work site, which we did on time. “___”_____20__ full prepayment under the Agreement was made in the amount of ________ (________________) rubles.

In accordance with paragraph 2 of Art. 715 and paragraph 3 of Art. 450 of the Civil Code of the Russian Federation, we notify you of a unilateral refusal to fulfill the Agreement, starting from the moment you receive this notice, due to the fact that you violated the deadlines for completing the work (clause ____ of the Agreement) and in connection with this we ask you to return the money paid under the agreement in the amount of ________ (________________) rubles.

Moreover, since your services were paid for in advance, which, according to Article 823 of the Civil Code of the Russian Federation, is a commercial loan, then from “___”_____20__, i.e. from the moment the funds are provided until the return of the money received as a commercial loan, you unlawfully use the funds transferred to you to pay for services, which is the basis for the calculation and payment of interest under Art. 809 of the Civil Code of the Russian Federation.

I ask you to compensate the losses caused to the Company by “___” ___________ 20__. Otherwise, the specified amount will be recovered through arbitration with all legal costs charged to the Contractor’s account, which will result in additional costs for you.

Applications:

1. Copy of Contract No. ___________ dated “__”_______ ___ - on page __;

2. A copy of the work schedule agreed upon by the parties - on page ___;

3. Calculation of the amount of interest on the loan in accordance with Article 823 of the Civil Code of the Russian Federation.

3. Other evidence on the merits of the claim.

"___"___________ ____ G.

Signature

Seal

Download the document “Sample. Claim under a contract"

Substantiation of the claim

All requirements in the claim must be substantiated.
Any requirement specified in the claim must be substantiated. The following are used as justifications:

Work acceptance certificates and acceptance of intermediate stages.
Commission acts.
Acts of troubleshooting or detection of defects.
Photos.
Expert opinions.

You should also justify all your material claims and confirm each specified amount, attaching copies of the following to your debt payment claim:

Bank statements.
Expense invoices.
Acceptance certificates.
Receipts, checks.

Important! A justified claim is one whose statement gives rise to the debtor’s obligation to compensate for the damage caused (Resolution of the Federal Antimonopoly Service of the East Siberian District No. F02-5703/12). Correspondence between the parties in which specific requirements are not specified is not considered a letter of claim.

Who makes the claim

Claims can be made by all parties to the agreement. Any person (legal or individual) who believes that contractual obligations have been violated or are not being properly fulfilled can write a letter.

You can make a claim from an individual yourself - use the sample forms given at the beginning of the article. In small organizations, letters of claim are written by employees or heads of departments, while in large companies they are drafted by lawyers.

Who to file a claim and where to send it

The claim should be made to the person responsible for the obligations:

Individuals.
Individual entrepreneur.
Organizations, if the agreement is concluded with a legal entity.

The letter of claim should be sent to the legal address, which can be clarified by requesting the tax office:

For an extract from the Unified State Register of Legal Entities (USRLE).
For an extract from the Unified State Register of Individual Entrepreneurs (USRIP).

Also, the claim should be sent to the counterparty’s address specified in the contract, if this address differs from the legal address.

What rules to follow when filing a claim?

Adhere to office work standards when drawing up a claim.
There are no legally established standards for filing a claim and it can be drawn up in any form. If the form of the claim and the procedure for sending it are provided for in the contract, they must be observed.

In its structure and form, this document must comply with office work standards; in design, it must be free of lexical and grammatical errors. The style of presentation is formal and businesslike, the presentation of information is brief, but indicating significant circumstances. There must be references to the rules of law and the terms of the contract.

Requirements should be formulated clearly and their justification must be provided. If the claim is subject to a monetary assessment, indicate the amount of the claim and provide a reasonable calculation. Enter amounts and terms in numbers and words. The letter of claim is drawn up in 2 copies, written on a sheet of any size by hand or printed.

The claim under the contract shall include the following information:

The “header” indicates the name of the party to whom the document is sent and on whose behalf it is drawn up (name of the organization or full name, addresses and contact details).
Document title by .
Description of the situation that led to the conflict, indicating the date of conclusion of the contract, its number and the subject of the contract (type of work).
The essence of the claim, indicating the violated clause of the agreement and references to legal norms. It is advisable to indicate what consequences of the violation occurred.
Proposals for resolving the conflict indicating a reasonable period for fulfilling the requirements (Article 314 of the Civil Code of the Russian Federation).
A warning about the intention to go to court if the counterparty refuses to fulfill contractual obligations.
List of documents attached to the letter.
Date of compilation and “live” signature of the applicant with transcript (full name).

The forms and samples of claims under a work contract given at the beginning of the article will help you quickly understand the rules for filing.

How to write a letter of claim in order to eliminate shortcomings?

In large organizations, control over the fulfillment of contractual obligations is usually carried out by specialized departments, and lawyers are involved in drawing up claims for unscrupulous quality of work performed or for other reasons. In small companies, the responsibility for writing claim letters falls on the heads of structural divisions.

The claim can be written on the organization’s letterhead or simply on a blank sheet of paper, either by hand or in printed form. The letter must indicate the following information:

FULL NAME. sender and organization name;
name of the contractor's company;
the address of each party;
number and date of conclusion of the contract.

There is no single sample claim, so the document can be drawn up in any form. But it is necessary to ensure that the letter is written correctly, in a business style.

The text of the claim should indicate which clause of the agreement concluded between the parties was violated. Additionally, you need to refer to current legislation. For example, if the deadline for completing the work was missed and the customer, who made an advance payment, wants to terminate the contract, you need to warn about the need to return the funds in accordance with Art. 1102 of the Civil Code of the Russian Federation (read about how to collect an advance payment under a work contract here).

A reference to Art. 809 of the Civil Code of the Russian Federation on the accrual of interest for the unlawful use of transferred funds. Next, you need to indicate within what time the requirements must be met. It is important to mention that if the letter is ignored, the customer will be forced to go to court.

The claim should be accompanied by a photocopy of the contract, the amount that will need to be paid if this claim is made, and other papers confirming the right of the injured party.

The claim must be signed by the customer or his legal representative. If the sender is a legal entity, it is advisable to affix the organization's stamp.

The letter is drawn up in two copies, each of which must be registered in the document register. A record of the sent copy is entered in the outgoing correspondence journal.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-14-90

When and in what way to send a claim to the counterparty

Send your claim by registered or certified mail by Russian Post.
The deadlines for filing a claim for failure to comply with the terms of a construction contract are not established by law. You can send a letter of claim to your counterparty at any time:

If deadlines for delivery of work or deadlines for payment are not met - from the day following the date specified in the contract.
In case of dishonest performance of work - from the day when these works should have been accepted.

If 3 years or more have passed since the day you learned about the violation of your right (Article 196 of the Civil Code of the Russian Federation), the statute of limitations is considered expired.

Important! The statute of limitations for claims brought in connection with inadequate quality of work is 1 year (Article 725 of the Civil Code of the Russian Federation). The deadline for detecting inadequate quality of work is 5 years (Article 756 of the Civil Code of the Russian Federation). If deficiencies are identified during the warranty period, the claim must be submitted within 2 years from the date of delivery of the work result (Article 724 of the Civil Code of the Russian Federation).

You can send a claim to your counterparty in the following ways:

Deliver in person or use a courier delivery service. On your copy, the counterparty (his authorized representative) must sign with his full name. and position, indicate the date of receipt.
Send by Russian Post by registered or certified mail with return receipt requested. Save the postal receipt and inventory.

Important! Based on the provisions of Art. 160 and 434 of the Civil Code of the Russian Federation allow the use of documents received via electronic communication. Even if the condition for the exchange of electronic documents in the contract is not agreed upon, the claim can be sent to the personal or business email of the counterparty (Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation No. 18002/12).

Is it necessary to respond to a complaint and how to properly format a response?

It is not necessary to respond to a claim if the parties have not fixed this point in the agreement and have not determined responsibility for failure to comply with this requirement. Failure to respond is regarded as disagreement with the stated requirements and unwillingness to satisfy them. The counterparty to whom the claim letter was sent decides whether to prepare a response to it or not.

If the requirement is partially justified or not justified, the presence and content of the answer depends on the situation:

If a trial is inevitable, you can not answer or answer briefly that the claim cannot be satisfied (thereby saving the arguments for the court).
If there is a chance for a pre-trial settlement, as a rule, the recipients of the claim write a detailed response and offer options for solving the problem.

If you decide to respond to a claim, you should know:

The document does not have a legally established form.
It is drawn up in writing according to the rules of business turnover.
May contain a refusal to satisfy the claim or a decision to partially or fully satisfy the claim. The reasons and legal references underlying your decision must be provided.

The method for submitting a response to a claim may be specified in the contract. If there is no such clause in the agreement, then you choose how to convey the response to the counterparty yourself: in person, by Russian Post or delivery service, by e-mail, fax or in the form of a telephone message.

What should a response to a complaint contain?

The response to the complaint includes the following sections:

Information about the addressee and the sender (name, address, contacts).
The date of receipt of the claim, its essence, number and date of signing the contract.
Statement of the answer. Follow the clauses of the agreement and provide references to legislative norms. If the claim consisted of several demands, you must respond to each separately.
A brief conclusion reflecting the refusal to fulfill the demands put forward or the willingness to fulfill them, indicating the method, deadline for satisfaction and the amount of the recognized amount.
Date of preparation of the response and personal signature with its obligatory decoding.

What are the deadlines for responding to a claim under a contract?

Unless otherwise provided by the contract, the counterparty has the legal right to file a claim in court when the claim under the contract has not received a response within:

10 days - if one (whose rights are violated) or both parties are individuals (Article 22 of Federal Law No. 2300-1 “On the Protection of Consumer Rights”).
30 days - if the customer and contractor are legal entities or individual entrepreneurs (Article 4 of the Arbitration Procedure Code of the Russian Federation).
30 days - if the claim contains a requirement to terminate the contract (Article 452 of the Civil Code of the Russian Federation).

Poor quality construction work

View cases on the topic Time does not stand still and the priorities of residents of megacities begin to change. Previously, everyone wanted to live in the city center, in an apartment building, while now the majority, on the contrary, dream of a quiet life outside the metropolis. It is unlikely that anyone will be able to refuse a huge personal space, good ecology and incredibly beautiful landscapes outside the window. Unfortunately, most people face certain difficulties during construction. To obtain country real estate and other objects, people must sign a household contract. Its peculiarity lies in the inequality of the parties between the contractor and the consumer. A similar agreement is concluded for the construction of a summer house, house, garage, bathhouse, etc. Legal regulation of relations with an entrepreneur is carried out precisely through household contracting.

You need to choose a contractor to carry out the work very carefully. At the moment there are a lot of offers for contract work. Due to the abundance of candidates, people quite often encounter unscrupulous companies.

Concluding a household contract does not guarantee that all work will be completed efficiently and on time. Lawyers for the Consumer Rights Protection Society note that it is best to sign documents together with an independent expert who can discern all the pitfalls. Most attention should be paid to the acceptance of the object. It is very important to record all the shortcomings in a special act, as well as stock up on photo and video evidence. Experts note that if this procedure is carried out correctly, then disputes with the contractor can be conducted much easier and the desired result can be achieved faster. As practice shows, the result does not always meet consumer expectations. Poor quality construction and visible defects in objects can lead to their deformation in the near future. Employees of the consumer rights protection society have extensive experience in handling such disputes. We will help you with:

poor quality construction of a country house;
poor-quality construction of a bathhouse;
poor quality construction of garages;
implementation of poor-quality pool construction;
poor quality fence construction;
carrying out poor-quality repairs in the house.

In all of the above situations, we are ready to assist you and do all the necessary work in order to peacefully settle the claim under the contract. If such a possibility is not feasible and the entrepreneur does not want to admit his guilt, then our lawyers will help you go to court and represent your interests. Despite the fact that citizens quite often make claims regarding the construction of garages, swimming pools, bathhouses and other facilities, not everyone decides to go to court. Typically, clients express all shortcomings in the form of a verbal complaint and therefore they are ignored by an unscrupulous contractor. As a result, the customer pays for poor-quality work and then corrects the defects independently or by hiring other workers. However, according to current legislation, consumers have the right to assert their rights under household contracts. If the deadline for completing the work is violated, the citizen can demand a penalty, and in the case of poor-quality work, the consumer can not only receive compensation, but also achieve correction of the situation. Among the claims regarding household contracts, the most common are violation of deadlines, poor-quality work, exceeding the cost specified in the contract, and performing work in an incomplete volume.

Employees of the consumer rights protection society will help you resolve the dispute regarding these problems. The sooner you seek help from a qualified specialist, the more time he will have to familiarize himself with all the circumstances of the problem. Accordingly, the lawyer will be able to better build a line of defense and present compelling arguments as arguments. We are ready to help our clients even if the first court opinion has already been issued in the case and the main work to identify the circumstances has already been completed. Experts say that it is possible to correct the situation even in such a situation.

If you want to save your money and avoid such problems, you can contact the consumer protection society at... If you want to save your money and avoid such problems, you can contact the consumer protection society at an earlier stage. For example, you can contact us while familiarizing yourself with the cooperation agreement. Our lawyers are ready to help you make changes to the document if circumstances require it. Highly qualified lawyers and lawyers with extensive experience are ready to provide a full range of services that relate to this industry.

Remember

In case of violation of the terms of the construction contract, send a claim to the counterparty. Justified demands to fulfill the terms of the contract in full or to compensate for losses can convince the other party to resolve the conflict peacefully, in pre-trial order.
A claim under a work contract can be made by both the customer and the contractor if they believe that contractual obligations have been violated or not fulfilled properly.
The arguments set out in the claim must relate only to the conditions specified in the contract, and the demands put forward must be clear and justified.
The reasons for filing a claim are violation of deadlines for completing work and fulfilling obligations, inadequate quality of work performed, their non-compliance with the requirements put forward by the customer, and ignoring payment terms.
You can claim reimbursement of expenses, actual damage, lost profits and payment of interest under Art. 395 of the Civil Code of the Russian Federation. You can also insist on payment of the penalty, regardless of whether the obligation to pay it is provided for in the contract.
In structure and form, the claim must comply with the standards of office work, be free of lexical and grammatical errors, the information is presented briefly, there are references to the rules of law and the terms of the contract.
Compiled in 2 copies, written by hand or in printed form.
For claims made due to inadequate quality of work, the period is only 1 year. If deficiencies are identified during the warranty period, you can submit a claim within 2 years from the date of delivery of the work result.
The claim can be delivered to the counterparty personally, sent by courier, registered or certified mail with acknowledgment of delivery.
Failure to respond to a complaint is regarded as disagreement with the stated requirements.

Have you ever encountered situations where the terms of a contract were violated and did you have to make claims to the counterparty? Did you act as a customer or contractor? What difficulties did you encounter when writing a claim letter? Were you able to resolve the conflict out of court with the help of a claim?

Grounds for filing a claim

If a construction company violates contractual obligations, the customer has the right to file a written claim, the purpose of which is to raise a claim for compensation for damage incurred in connection with these violations.

The most common causes of disputes with construction contractors are:

violation of deadlines for completing construction work;
inadequate quality of the object as a whole or its individual parts, systems and elements;
unilateral increase in the cost of work;
refusal to compensate for losses incurred, including cases of payment of penalties and fines established by the contract.

The role of this document is to resolve the dispute out of court.