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Publication date: 18.09.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
A construction contract is concluded between the customer and the contractor for the capital repair of real estate. A construction contract is an agreement between the customer and the contractor, in which the contractor undertakes to perform construction works or construct the object in accordance with the design and estimate documentation, and the customer undertakes to provide the necessary conditions for the performance of these works, including payment.
Duties of the contractor: Carry out capital repairs or perform other construction works. Adhere to the terms and requirements of the design and estimate documentation.
Obligations of the customer: Provide the contractor with a construction site (work front). Submit the approved design and estimate documentation (if it is not entrusted to the contractor). Accept the completed work and pay for it.
General aspects of contractual liability
- Penalty: The contractor or customer may be required to pay a penalty if they do not fulfill the terms of the contract. The amount of the penalty is usually determined in the contract and can be fixed or a percentage of the contract amount.
- Damages: The injured party is entitled to damages for actual damages resulting from the breach. Damages may include costs to correct defects, lost profits, etc.
- Liability in the presence of fault: The liability of the parties under the contract arises only in the presence of fault, that is, if the breach is due to negligence or intentional acts. This means that if the violation occurred due to independent reasons (force majeure), the party may not be held liable.
Liability of the contractor
- The contractor is responsible for all identified deficiencies that occurred as a result of improper performance of works.
- If the contractor delays the transfer of the object to the customer, this is also a reason for liability.
- Includes failure to achieve design capacity, non-compliance with designed indicators, etc.
- The contractor is responsible for defects discovered during the warranty period, if he cannot prove that they arose for reasons not related to his activities.
Question
In what cases is the contractor released from liability?
Respond
The contractor may be exempted from liability in cases where defects are due to normal wear and tear of the object or its parts. The object was operated improperly, which could lead to defects. This may include incorrect instructions developed by the customer or third parties. If the customer or third parties engaged by him carried out repairs of the object improperly, the contractor is not responsible for the consequences of such actions.
Dispute settlement procedure
Resolving a dispute regarding poor quality capital repairs includes several key stages. Here is a detailed plan of action:
- Collect all documents related to the repair, such as the contract for the performance of work, estimates, acts of acceptance of work. Take a photo of the existing defects or deficiencies. If you have already conducted an assessment, include reports or reports on the deficiencies found.
- Contact the contractor with a written complaint about the identified deficiencies. Offer possible solutions (correction of defects, discount on payment, etc.).
- If the contractor does not respond or refuses to correct the deficiencies, appoint an examination to confirm the poor performance of the work. Use the expert opinion as evidence in court.
- If the negotiations did not yield results, prepare a lawsuit. Include all the collected evidence, the results of the examination, the receipt for the payment of the court fee. File a lawsuit in the court of the contractor's location.
- Be prepared to present your evidence and arguments in court. If necessary, call witnesses who can confirm your position. If the court decides in your favor, monitor the implementation of the decision, including payment of compensation or elimination of defects.
- If you are not satisfied with the court's decision, you can appeal it.
Resolving a dispute regarding poor capital repairs requires a systematic approach. It is important to follow all the steps to protect your rights and interests.
Question
What is the importance of a claim in the settlement of a dispute?
Respond
A claim is a formal way of notifying the contractor of identified deficiencies. This emphasizes the seriousness of the situation and your desire to solve the problem. In the claim, you can define specific terms for eliminating defects. This will help create clear expectations and obligations for the contractor. Documenting repair deficiencies helps to record all identified problems. This can be used as evidence in a court case. If the contractor does not respond to the claim or does not remedy the deficiencies, this will become grounds for further legal action, such as filing a lawsuit.
Return of paid penalty amounts:
- Penalty amounts (penalties) paid by the contractor for violating the terms of execution of individual works may be returned to the contractor if all works were completed within the deadline established by the contract.
- If the contractor has paid a penalty for delay, but subsequently completed all the work within the stipulated time, he is entitled to a refund of the amount paid.
- Refunds are only possible if all work has been carried out in accordance with the contract without further delay.
- The contractor must provide supporting documents (certificates of completed work, reports, etc.) certifying the fulfillment of all obligations within the prescribed period.
- This rule can be fixed in the contract and/or regulated by civil legislation.
Thus, this rule ensures fairness in the relations between the parties, encouraging the contractor to perform the work in a timely manner and giving him the opportunity to return the paid funds in case of fulfillment of obligations.
Services of a lawyer when concluding a contract
The services of a lawyer when concluding a contract are extremely important and may include several key aspects. Here are the main types of legal services:
Lawyer consultation and legal analysis of the situation: A lawyer will help determine which terms and conditions are critical for your business or personal needs. Explain complex legal terms and contract provisions. A lawyer services online can draft or adapt a contract template to your specific needs. Will check the already prepared contract for risks and errors.
Legal services during negotiations with the contractor: A lawyer can represent your interests during negotiations with the counterparty. It will help to agree on favorable terms of cooperation. Lawyers online will provide a legal audit of a potential partner to identify risks.
Lawyer services when concluding and signing a contract: Checking the correctness of signatures, seals and other formalities. Advice on storage and documentation. A lawyer can provide support in case of disputes related to the execution of the contract.
Resolving a dispute regarding poor capital repairs requires a systematic approach. It is important to follow all the steps to protect your rights and interests. The lawyer help in concluding a contract will help to avoid many problems, reduce risks and ensure that your interests will be reliably protected. A lawyer advice is an investment in the legal security and success of your business or personal affairs.
