Samples, claim forms under a contract in 2021 and how to correctly file a claim

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.

Results

Thus, a claim for payment of a penalty must comply with the norms of the Civil Code governing the issue of penalties, the terms of the contract determined by the parties independently, as well as the rule of law if the penalty is legal in nature. In addition, it is necessary to comply with the deadlines for sending the claim, as well as the method of sending it, determined by the parties.

Read about tax accounting for penalties under contracts in this article.

Sources: Civil Code of the Russian Federation

You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

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.

Filing a claim in court

The party to whom the claim is sent must respond to it within 30 days or the period specified in the contract (clause 2 of Article 452 of the Civil Code of the Russian Federation).

The warranty period is extended by the time during which the result of the work could not be used due to defects discovered in it. But only if the seller is notified of the shortcomings of this result.

Expert opinion

Makarov Igor Tarasovich

Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.

Failure to receive a response to a claim or receipt of a response that does not satisfy the applicant’s requirements gives him the right to apply to an arbitration court to resolve the dispute on the merits.

Please keep in mind:

The arbitration court has the right to leave the statement of claim without consideration if it determines that the plaintiff did not comply with the claim or other pre-trial procedure (for example, negotiations) for resolving a dispute with the defendant, provided for by federal law or agreement. Therefore, if for a certain category of disputes the federal law establishes a claim or other pre-trial settlement procedure or it is provided for in an agreement, the dispute is referred to the arbitration court after compliance with this procedure (clause

5 tbsp. 4, p.

2 tbsp. 148 Arbitration Procedure Code of the Russian Federation).

If a person participating in the case violates the deadline for submitting a response to the claim, or leaves the claim unanswered, the arbitration court assigns legal costs to this person, regardless of the results of the consideration of the case (clause 1 of Article 111 of the Arbitration Procedure Code of the Russian Federation).

In conclusion, we note the following. It happens that the counterparty accepts the claim for consideration, acknowledges the requirements contained in it, but is in no hurry to fulfill the obligation that lies on it, that is, bear the measure of responsibility.

When can a claim be considered satisfied - upon its recognition or upon its actual satisfaction? The claim can be considered satisfied only in the latter case.

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on eliminating deficiencies in the work result

"___"________ ___ under a construction contract dated "___"________

___ city N _____ (hereinafter referred to as the “Agreement”) _____________________________________________

(hereinafter referred to as the “Contractor”) performed, and __________________________________________

(hereinafter referred to as the “Customer”) accepted _____________________________________________.

Payment for the work performed was made “___”____________ ____ in the amount of

The warranty period, according to clause ____ of the Agreement, is ______________.

During operation during the warranty period by the Customer

The following work deficiencies were discovered: _____________________________________

which influenced the result of the work as follows: ___________________

_____________________, which is confirmed by ________________________________.

In accordance with Art. 722 of the Civil Code of the Russian Federation in the case where the law, other legal act, work contract or business customs provide for a warranty period for the result of the work, the result of the work must comply with the terms of the quality contract throughout the entire warranty period.

The guarantee of the quality of the work result, unless otherwise provided by the contract, applies to everything that makes up the work result.

According to paragraph 1 of Art.

754 of the Civil Code of the Russian Federation, the contractor is responsible to the customer for any deviations from the requirements stipulated in the technical documentation and in the building codes and regulations binding on the parties, as well as for failure to achieve the indicators of the construction project specified in the technical documentation, including such as production capacity enterprises.

When reconstructing (updating, rebuilding, restoring, etc.) a building or structure, the contractor is responsible for the reduction or loss of strength, stability, reliability of the building, structure or part thereof.

In accordance with paragraph 1 of Art.

723 of the Civil Code of the Russian Federation in cases where the work was performed by the contractor with deviations from the contract that worsened the result of the work, or with other shortcomings that make it unsuitable for the use specified in the contract, or in the absence of a corresponding condition in the contract of unsuitability for normal use, the customer has the right, unless otherwise provided by law or contract, at his own discretion to require from the contractor:

- elimination of deficiencies free of charge within a reasonable time;

— a proportionate reduction in the price set for the work;

— reimbursement of their expenses for eliminating defects, when the customer’s right to eliminate them is provided for in the contract.

Based on the above and in accordance with Art. 722, para. 2 p. 1 art. 723, paragraph 1, art. 754 of the Civil Code of the Russian Federation, the Customer requests that the specified deficiencies be eliminated free of charge within the period before “___”__________ ____.

If the presented requirements are not satisfied within the specified period, the Customer will be forced to seek protection of his violated rights and interests in court.

1. Documents confirming that the Customer has discovered deficiencies in the result of construction work.

2. Documents confirming the warranty period.

3. Documents confirming the Customer’s acceptance of the result of construction work.

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.

How is a claim for violation of deadlines served?

The document must be handed over to the representative of the guilty party against signature.

This can also be done by mail. The letter must be registered and contain a description of the attachment. This method allows you to monitor the movement of a document using the Russian Post website. The sender will receive exact information on what day the claim will be delivered to the contractor. In addition, he will be sure that the letter fell into the right hands.

In a situation where the contractor does not respond to the complaint in any way, the customer can only go to court and defend his right to terminate the contract, collect a penalty or protect his rights as a consumer. Each specific case is determined based on the legal norms in accordance with which the controversial situation arose.

Often, the period for the provision of work (services) refers to the essential terms of the contract (according to the Civil Code of the Russian Federation). Failure to include them in the text of the contract may lead to the initiation of a procedure for invalidating the contract in court.

In other situations, it is not necessary to specify deadlines, but their presence allows the injured party to apply fines.

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.

1. The deadlines for fulfilling obligations were violated.
2. Inadequate quality of work performed.
3. Non-compliance of the work with the requirements put forward by the customer.
4. 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).

Regulation of claims work by Law No. 44-FZ

The regulations for handling claims against suppliers and contractors under government contracts are determined by the following regulations:

• Civil Code of the Russian Federation. It specifies measures of liability for failure to fulfill the obligations assumed by a party, when it is possible to unilaterally refuse to perform work under the contract. This is one of the main regulations according to which claims work is carried out as part of the execution of tenders.
• Federal Law No. 44-FZ. It contains instructions regarding the scheme for assessing the results of the execution of the contract, as well as situations that allow unilateral termination of the contract.
• Agroindustrial complex of the Russian Federation. Here are the cases when you need to file a claim and what documents should accompany it.
• Instructions regarding the acceptance of products according to qualitative and quantitative parameters.
• Various departmental regulations and other regulations, including municipal ones.
• A number of federal laws stipulate the scheme for filing a claim depending on the specific type of legal relationship.

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):

1. If the amount of the penalty is specified in the contract, then it is returned in full.
2. 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.

What documents should I attach to the claim?

Attach copies of documents supporting your claims to your claim. Copies can be certified by the signature of the head of your organization.

Regardless of the type of requirement, it is important to attach, in particular:

• a copy of the contract;
• documents that record and confirm violations of the quality of work. For example, acts of commissions, bilateral acts with the participation of the contractor, technical reports, expert opinions. You can also attach photographs or digital media with them;
• the notices you sent to the contractor when you discovered the deficiencies, as well as correspondence with him about the deficiencies;
• documents on payment for work, if you have already paid for them (for example, a copy of a payment order);
• a document on the powers of the person who signed the claim (protocol on the election of a manager or a power of attorney for another person).

Taking into account the requirements, please also attach to the claim:

• if you require deficiencies to be eliminated free of charge, a schedule for their elimination (for example, if complex work is expected in several stages);
• if you require a proportionate reduction in the price of work: calculation of the price reduction and documents supporting it (for example, expert opinions);
• draft documents that you propose to sign: an additional agreement to the contract on price changes, a new edition of the work completion certificate;

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:

1. Individuals.
2. Individual entrepreneur.
3. 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:

1. 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).
2. Document title by .
3. 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).
4. 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.
5. Proposals for resolving the conflict indicating a reasonable period for fulfilling the requirements (Article 314 of the Civil Code of the Russian Federation).
6. A warning about the intention to go to court if the counterparty refuses to fulfill contractual obligations.
7. List of documents attached to the letter.
8. 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.

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:

1. 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.
2. 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).

Warranty periods

If there is no warranty period established for the result of the work, claims related to the shortcomings of this result may be presented by the customer under certain conditions. Namely, deficiencies must be discovered within a reasonable time, but within two years from the date of transfer of the final result of the activity. Moreover, a different period of time may be determined by law, agreement or business customs (clause 2 of Article 724 of the Civil Code of the Russian Federation). The deadline for detecting deficiencies in the results of work performed under construction contracts is five years (Article 756 of the Civil Code of the Russian Federation).

Typically, the warranty period is counted from the moment when the result of the work performed was accepted or should have been accepted by the customer (clause 5 of Article 724 of the Civil Code of the Russian Federation).

Suppose the buyer cannot use the result of the work performed, for which the warranty period is established by the contract, for reasons that depend on the contractor. Then the warranty period does not begin to count until the relevant circumstances are eliminated by the latter.

Attention

It happens that during the warranty period the contractor completely redoes poor-quality work. In this case, the same warranty period is established for the new work as for the previous one. Unless, of course, otherwise provided by the contract.

Unless otherwise provided by the contract, the warranty period is extended by the time during which the result of the work could not be used due to defects discovered in it.
But only on condition that the seller is notified of the shortcomings of this result (clause 2 of Article 471, clause 6 of Article 724 of the Civil Code of the Russian Federation). Example 1
Alta LLC (contractor) and Delta CJSC (customer) entered into an agreement with each other for the renovation of office premises. After some time, the renovated premises were handed over to the customer.
However, the contractor did not remove all of his equipment. Because of this, Delta CJSC was unable to start using the office. In this situation, the warranty period will be calculated from the moment Alta LLC vacates the premises. In this case, a claim is required. Example 2
Pyramida CJSC (customer) accepted a renovated office from Master LLC (contractor) on March 12, 2012. In the contract, the warranty period for the result of the work performed is six months, that is, until September 12 of the same year. A month later, the customer discovered that the paint was peeling off in some places, the tiles had fallen off, and immediately notified the contractor about this. The latter, within a week from the moment of notification, eliminated the deficiency in his work. To do this, the customer needed to leave the office.

In this situation, the warranty period was extended by seven days, that is, until September 19, 2012.

The contract may establish a warranty period of less than two years. Despite this, the customer still has the right to make claims against the contractor within these two years. A prerequisite is that he must prove that deficiencies in the work arose even before it was accepted by the customer (clause 4 of Article 724 of the Civil Code of the Russian Federation).

Let us note that the contractor, in turn, is obliged to immediately warn the customer if, in particular, circumstances beyond the contractor’s control are detected that threaten the suitability or durability of the results of the work being performed, and until he receives instructions from him to suspend the work (Clause 1 of Article 716 of the Civil Code of the Russian Federation) .

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:

1. Information about the addressee and the sender (name, address, contacts).
2. The date of receipt of the claim, its essence, number and date of signing the contract.
3. 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.
4. 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.
5. 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).

Making claims

The customer must make claims regarding the quality of work directly upon acceptance of the result of the work performed from the contractor. This follows from paragraph 1 of Article 720 of the Civil Code.

Defects in the work that could have been identified during the normal method of acceptance are characterized as obvious deficiencies. The customer should specify the detected deficiencies in the act or in another document certifying acceptance.

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Expert opinion

Makarov Igor Tarasovich

Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.

If obvious deficiencies have not been identified, then the mentioned documents should indicate the possibility of subsequent submission of a demand to eliminate the identified defect. For example, in the act you can make the following entry:

“The quality of work is unsatisfactory. More detailed information will be reflected in the relevant act.”

As a rule, a customer who accepts work without checking is deprived of the right to refer to obvious deficiencies (clauses 2, 3 of Article 720 of the Civil Code of the Russian Federation).

Defects that could not be identified using the usual acceptance method are hidden. The customer is obliged to notify the contractor about them within a reasonable time after their discovery (clause 4 of article 720 of the Civil Code of the Russian Federation). In this case, claims to quality can be made within a period of time, the duration of which does not exceed the warranty period.

It is possible that a dispute may arise between the customer and the contractor regarding the shortcomings of the work performed or their causes. In such a situation, at the request of either party, an examination must be appointed (clause 5 of Article 720 of the Civil Code of the Russian Federation).

Remember

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. Compiled in 2 copies, written by hand or in printed form.
8. 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.
9. The claim can be delivered to the counterparty personally, sent by courier, registered or certified mail with acknowledgment of delivery.
10. 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?

Related documents

• Sample. Claim for payment of a penalty due to violation of deadlines for the start of contract work
• Plaintiff's application to reduce the amount of claims
• Statement of claim for recovery of funds and penalties under a contract
• Application for the elimination of illegal parking spaces in the yard
• Statement of claim for violation by the contractor of deadlines for completing work (rendering services)
• Statement of claim to invalidate the refusal in the state. registration of ownership of unfinished construction of real estate
• Statement of claim for recognition of ownership of a property (garage) due to acquisitive prescription
• Statement of claim for recognition of ownership of an unauthorized construction
• Statement of claim for recognition of ownership after the death of the seller for state registration of the purchase agreement
• Statement of claim for recognition of ownership rights
• Statement of claim for termination of contract and collection of rent
• Claim (due to unsatisfactory maintenance of the common property of the owners in an apartment building)
• Claim for violation of obligations under a shared construction agreement
• Complaint demanding elimination of defects in work
• Complaint about unlawful actions of an official
• Complaint against a decision in a case of an administrative offense
• Receipt - receiving money to compensate for material and moral damage
• Petition to the court to terminate the criminal case for reconciliation of the parties
• Act on refusal to provide access to the common property of an apartment building for carrying out repair work to replace hot and cold water supply risers
• Utility services inspection report