Claim for elimination of deficiencies. If there are deficiencies in the work, goods or services, send a request to eliminate them. Letter on correcting deficiencies in the apartment or house

_____________________________________ (contractor's name, full name) address: ______________________________ telephone: ___________, email. address: _____________ __________________________________ (name of the customer, full name) address: ______________________________ telephone: ___________, email. address: _____________

Requirement (claim) for the contractor to eliminate work defects free of charge within a reasonable time

"___"________ ___, between _______________ (name of the contractor) and _____________ (name of the customer) contract agreement No. ________ was concluded for ___________________________.

"___"________ ___ by the customer ________________ during the monitoring of the work, deviations of the contractor from the terms of the contract were identified, which could worsen the quality of the work (deficiencies were identified), namely:

Materials not provided by the customer are used;

The technology for performing ___________________ work has been violated;

- ________________________________________________________;

- ________________________________________________________.

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, to demand that the contractor eliminate defects free of charge within a reasonable time.

The contract does not provide for restrictions on the above rights of the customer.

Based on the above and in accordance with paragraph 1 of Art. 723 of the Civil Code of the Russian Federation, please take measures to eliminate these violations and eliminate identified deficiencies within "___"________ ___.

Applications:

Documents confirming the contractor’s deviations from the terms of the contract

"___"________ ___ G.

Head (representative)

customer _____________________

Related documents

Occurs when one of the parties to a contractual relationship violates its obligations. The document is of an official nature and is drawn up to ensure that the terms of the contract are fulfilled in full or that the other party in some way compensates for the losses caused.

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What is a contract

Work agreement– this is a document by which the customer instructs the contractor to carry out any work or provide services in a certain volume and within a specified period of time.

In this case, the customer’s function is to purchase the materials, tools and equipment necessary for the work, provide a place for their implementation, formulate tasks, control and accept the work, and the contractor’s function is to fulfill his obligations without violating the deadlines and pre-approved budget .

In order for all the terms of the contract to be observed, it is important to write them down in detail and scrupulously, without losing sight of any nuances, but even this in some cases does not guarantee its 100% fulfillment.

Main reasons for filing a claim

Most often, claims under a contract are made for several reasons:

• violation of deadlines for fulfilling obligations;
• improper performance of work;
• unilateral increase in the cost of work;
• refusal to pay penalties and fines in cases established by the contract;
• non-compensation for losses caused, etc.

The role of the claim

According to the law, a work contract, like any other similar document, implies the fulfillment by one of the parties of their obligations to carry out any work, and the second - their payment in a pre-agreed amount and order.

If any of the parties violates at least one clause of this agreement, its counterparty can file a claim - this is its right enshrined in the legislation of the Russian Federation.

The formation of this document is the first step towards resolving controversial and conflict situations

Based on the above, we can say that the role of the claim is quite large. It allows not only to identify the problems that arose during the execution of the contract, but also to promptly prevent the development of the situation and bringing the case to court.

What requirements can be put forward in a claim?

Regarding the requirements, it all depends on which clauses of the contract were violated. They may concern:

• the cost of performing work in terms of reduction (if the work is not completed in full, of poor quality or not on time);
• compensation for unsatisfactorily performed work;
• termination of the contract;
• reimbursement of costs incurred, etc.

In addition, if the terms of the agreement are violated, each party may insist on paying a penalty, even in cases where this provision is not stated in the main document (here Article 332 of the Civil Code of the Russian Federation comes into force, which makes such an agreement void).

Who makes the claim

In large organizations, there are entire specialized departments to resolve various types of legal issues, including the restoration of broken contractual obligations, and the preparation of claims is the responsibility of qualified lawyers.

In small companies, complaints are written by employees or heads of structural divisions that are in charge of a particular contract. The main condition is that the specialist drafting the document has legal literacy and has an understanding of the legislation of the Russian Federation regarding contractual relations.

Key nuances when filing a claim

There are no single uniform forms for both contracts and claims. This means that claims can be made in any form. True, at the same time, in their structure and form they must comply with the standards of office work, and in content and text - with the rules of the Russian language.

When making a claim under a contract, you must always include the following information:

• name of the company on behalf of which it is written
• name of the organization to which it is sent
• addresses of both parties.

Also, the document must be titled and it must include link to the main contract(entering the number and date of its preparation in the form).

In the descriptive part you must indicate essence of the complaint, including naming the violated clauses and conditions of the contract. If any additional papers, photo and video evidence of violations are attached to the claim, they must also be indicated in the document as a separate item.

Then you should summarize all of the above - here it is recommended not only to include your demands and set a deadline for their fulfillment, but also to warn the counterparty that in case of refusal to fulfill contractual obligations, the interested party reserves the right to go to court (as practice shows, such a threat is effective in most cases).

How to file a claim

The claim can be written on a simple blank sheet of any convenient format, or on the company’s letterhead, by hand or in printed form (the latter option is convenient because you do not need to “drive in” the sender’s details).

The claim must be signed by the director or representative of the organization responsible for resolving the specific issues identified in it. In this case, the signature must only be “live”; the use of facsimile autographs is unacceptable.

It is not necessary to certify a claim using various types of clichés, because since 2016, companies have the right to endorse their documentation with seals and stamps only if this norm is specified in their local regulations.

The claim is drawn up in two identical and equivalent copies, which, after signature, are registered in the document log, and the sent version is also noted in the outgoing correspondence log.

The claim can be sent by registered mail with acknowledgment of receipt, or submitted by courier or company representative - in the second case, you should obtain an autograph from the counterparty's representative confirming receipt of the document.

Requesting correction is the customer's way of achieving proper performance. He has the right to make claims:

• for free correction of defects,
• about replacement of goods of inadequate quality,
• on eliminating deficiencies in the provision of services,
• on carrying out other activities depending on the nature of the obligation.

Download a sample request to simplify the preparation of an appeal to the counterparty to eliminate deficiencies.

The contract specifies the procedure for filing a claim to eliminate deficiencies in the work or services performed.

Requirements are presented in accordance with how the parties agreed on the relevant condition in the contract. The wording depends on the subject of the agreement.

An example of a condition in a goods supply agreement:

The supplier is obliged to eliminate the identified defects within the period agreed upon by the parties. After eliminating the deficiencies, the parties re-acceptance.

If the relationship is governed by the rules on the supply contract, the right arises on the basis of the relevant provisions of the law ().

When it comes to protecting consumer rights, the court will be guided by Article 31. For example, the dispute concerns the requirements of the participants of the DDU to the developer (clause 36). The latter is obliged to eliminate free of charge the deficiencies identified during the warranty period in the shared construction project and to ensure reimbursement of the costs of their elimination. Citizens can collect a penalty for violating the deadlines for elimination (Article 7).

In relations under a work contract, one must be guided by the relevant provisions of the law (). At the customer's request, the contractor will eliminate the defects free of charge within the warranty or reasonable period. The customer has the right to demand within two years:

• re-perform the work free of charge,
• reimburse the costs of correcting deficiencies using your own funds or third parties.

Elimination of defects is a circumstance that affects deadlines. The supplier does not receive the goods on time, the customer does not receive the work or services. The parties can agree on liability for violation of deadlines.

Example wording:

For violation of deadlines for completing work, including deadlines for eliminating deficiencies in the results of completed work or provision of services, the customer has the right to recover from the contractor a penalty in the amount of 0.1% of the cost of uncompleted work for each day of delay.

Sanctions can be provided for both violation of the terms of the obligation and for delay in eliminating detected defects.

Example wording:

In case of violation by the contractor of the deadlines for eliminating identified shortcomings/defects, in case of refusal to eliminate the identified shortcomings/defects, the customer has the right, at his choice, either to entrust the elimination of such shortcomings/defects to third parties, or to eliminate them independently at the expense of the general contractor, including compensation for expenses incurred expenses and other damages from warranty retention.

To make a request to eliminate deficiencies, write down the procedure in the contract:

1. When it comes to a supply agreement, the parties agree on the acceptance procedure. They refer to the norms of instructions P-6 and P-7 or independently develop a procedure.
2. The contract may provide for drawing up a defect report and agreeing on a time frame for elimination. In the agreement with the participants of the DDU, the parties also have the right to determine the procedure.

Example wording:

The parties draw up an act that records the non-compliance of the condition of the shared construction object with the conditions, with a detailed listing of the deficiencies to be eliminated, and indicates in it a reasonable period for eliminating the defects. The developer is obliged to eliminate the identified deficiencies free of charge within the period agreed upon in the deed.

If the parties do not agree on a time limit, in the event of a dispute the court will rely on the determination of reasonableness. At the meeting it is necessary to prove that the requirements were sent to the contractor. If there is no deadline in the letters, but in the interim the contractor has had the opportunity to eliminate the defects, the court will side with the customer ().

If the counterparty refuses to correct the defects, file a claim

If the contractor does not eliminate the shortcomings, the customer goes to court with a corresponding demand. The result of the lawsuit depends on the documents and relations of the parties.

When the work is urgent and the contractor, for various reasons, cannot correct the deficiencies, the customer can eliminate them by third parties or independently. Practice knows cases when the parties to an obligation came to an agreement on offset. The customer terminated the payment obligation by compensating for its expenses for eliminating the defects. He deducted his expenses () from the cost of the agreement. To prevent your opponent from challenging their size, you need to confirm them with documents: acts of work and services.

The lawyer is often faced with a situation where the production department has not sent correction requests or has communicated information inappropriately. For example, a customer’s representative voiced information about defects at a meeting via email, but did not submit a complaint to the counterparty’s representative against signature in writing. As a result, the lawyer has no documents. It is difficult to win an argument in such a situation.

For example, the court rejected the claim. The customer accepted the result without comments and made no demands. The court pointed out that there was no evidence of calling the contractor to the site to conduct research ().

In this case, you must re-submit the information. If the performer admits poor quality, this fact must be recorded. Documents will help you defend your position.

So, the customer made a statement about the defects within the warranty period. Expertise () helped prove the shortcomings.

It is necessary to declare an examination if there are grounds. Otherwise, the plaintiff will not only lose the dispute, but will also incur expenses for its conduct (). The results may support the opposite position. In this case, it will not be possible to recover the costs of eliminating the defects.

So, the court rejected the claim. The seller took the necessary measures during the warranty period. The court considered the demand unfounded, since the examination confirmed the elimination of the deficiencies ().

Statements of claim, complaints, petitions, claims → Claim demanding the elimination of deficiencies made during the installation of doors

To the director from the resident at the address: tel. claim 10.10.2012 I bought doors“x” in the amount of 3 pieces and metal door produced by "y&raq...

During the implementation of a project, there are often situations when the contractor has not fulfilled its obligations within the agreed time or there are serious complaints about the quality of the work performed by the invited company. This can happen at any stage of construction work and will seriously complicate the further implementation of the project. Therefore, most often, each such case is considered seriously, and based on the results, a claim is prepared against the contractor.

How are quality requirements established?

In order to be able to point out to the contractors the discrepancy in quality or failure to complete them in full, the customer must first carefully draw up a contract agreement. This document must clearly indicate all the requirements for the quality of the stated work. This can be done either by directly listing certain conditions, or by referring to the necessary instructions, standards, norms, and guidelines. The agreement itself may be accompanied by a diagram or sketch that the contractor must follow.

In fact, when the completed work is accepted by the customer, it must be completed in full and meet the requirements established in the contract, including being suitable for use for the period specified in the contract or provided for by generally applicable standards for such processes.

If the contractor performed the work insufficiently well, the customer can take measures aimed at correcting the current situation:

• reduce the amount of payment, taking into account the volume of defects;
• require the contractor to eliminate identified deficiencies at his own expense;
• correct deficiencies on your own or with the help of another organization, reimbursing the costs at the expense of the unscrupulous contractor.

If the quality requirements in the agreement are unclear or not specified at all, this does not mean that the contractor can do whatever he wants.

The relevant requirements may be imposed by legislative and other regulations, and the contracting organization bears responsibility for their violation both to the customer and to the state, represented by specially authorized bodies. First of all, this applies to work, poor quality performance of which can threaten the health and life of people, as well as the environment.

What is a claim and how is it made?

A letter of claim, or a claim to the contractor, is an appeal from the customer to its counterparty in writing with a request to eliminate deficiencies made during the performance of work specified in the contract. The complaint is a warning that if the defects are not corrected, the next step may be litigation.

Most civil law contracts contain a provision for the mandatory filing of a claim before going to court. However, in the absence of such a clause, it is better to start with a letter of claim and resolve the problems that arise peacefully than to waste money and waste time in the courts.

In accordance with the provisions of Article 720 of the Civil Code of the Russian Federation, the customer should make claims regarding the quality of the work performed when accepting the results from the contractor. If defects are visible during a standard inspection, then they are considered obvious and are recorded in the acceptance certificate. Based on this document, the customer can contact the contractor with a request to completely eliminate the deficiencies. When accepting work without inspection, the customer loses the right to refer to obvious deficiencies identified.

If the nature of possible defects does not make it possible to identify them through normal acceptance, then such defects are called hidden. The contractor is notified of their identification within a reasonable time, i.e. for a period of time not exceeding the duration of the warranty period. This standard applies both to ordinary deficiencies and to defects that the contractor chose to deliberately hide. Disputes that arise between the parties in such cases are most often resolved through an independent examination.

Features of the application of warranty periods

The contract usually specifies a certain period during which the work performed must meet quality requirements, and responsibility for this rests with the contractor. This period is called the warranty period; it is counted from the moment when the work is accepted by the customer or should be accepted by him. In the event that, due to the fault of the contractor, the investor cannot use the work performed, the warranty period will begin to count only from the moment all defects are eliminated. However, it is mandatory to notify the contractor about this situation.

There are situations when the warranty period is not specified in the agreement. In this case, if a defect is discovered, a claim can be filed if the two-year period after acceptance of the work has not expired. Sometimes legislation, business customs or contract may require a different period of time. In particular, in capital construction the maximum period for identifying deficiencies is 5 years.

If the contract establishes a shorter warranty period (less than 2 years), then the customer still has the right to make a claim within two years, provided that he can prove the fact that the defect appeared before the work was accepted from the contractor. In turn, in accordance with Article 716 of the Civil Code, the contractor is obliged to immediately notify the employer of circumstances beyond his control that may negatively affect the strength of the work being performed. In this case, the process is suspended until all circumstances are clarified.

If defects are discovered after the warranty period has expired, the investor may file a lawsuit. The limitation periods are calculated from the completion of the work and are:

• for inadequate quality of work performed under a contract - 1 year:
• for construction work related to the construction of structures and buildings - 3 years.

If the application is submitted within the warranty period, the limitation period starts from the time of filing such an application. If a warranty period has not been established, then it is possible to go to court within 5 years after acceptance. If the completed work was accepted in parts, then the limitation period is counted from the date of final acceptance.

Claim for failure to meet contract deadlines

The implementation of any project or agreement must be predictable, which means that, in addition to quality indicators, the time it takes to complete the task received plays an important role. The timing of these tasks is specified in the contract. Contractor delays today are quite common, especially when it comes to construction. Often the fault for this lies on both sides: the customer wants to get the result as quickly as possible and sets unrealistic deadlines, and the contractor wants to get a contract, knowing that he will not meet the established time frame for purely technological reasons.

In many agreements, the timing of the provision of services or performance of work is an essential condition, the list of which is established by the civil code. Failure to include such a clause in the contract may even result in the agreement being declared invalid through legal proceedings. In other cases, it is not necessary to specify deadlines, but it is desirable that there be the possibility of demanding penalties if the contractor does not fulfill the terms of the contract.

A letter of claim for overdue work may contain the following requirements:

• complete the work as quickly as possible (indicating a new deadline) with an indication of the possible payment of a penalty in accordance with the contract or legal regulations;
• compensate losses for involving third-party organizations in eliminating defects;
• reduce the contract price;
• refuse the agreement.

The above requirements are possible when ordering services. If we are talking about late delivery of products or goods, then the penalty is calculated based on the Law on the Protection of Consumer Rights (Article 23.1).

Preparation and delivery of a letter of claim

A letter of claim is an option for pre-trial resolution of the problem. It regulates relations between the parties regarding deadlines and quality of work.

The claim must be made in writing.

The violator sometimes behaves in bad faith, citing the fact that he has not received any claim documents, thereby weakening the position of the plaintiff in court. Therefore, it is very important to send the relevant letter correctly and have proof of receipt by the other party. There are two options here:

• Delivery of the letter to the official representative of the contractor in person. In this case, the representative must sign for receipt on the second copy, indicate the date, time and his position. This copy will be evidence that the claim was served.
• Sending by registered mail indicating the description of the attachment. On the Russian Post website it is possible to track the date of delivery. With this method, the date of presentation is the date of the postmark indicating acceptance of the letter for dispatch or the date of delivery of the item directly to the addressee.

There is no clearly established form for drawing up a letter of claim. However, you should pay attention to the writing style; it must be formal and business-like, free of jargon and ambiguous phrases, and be completely understandable to the counterparty. For official correspondence between two organizations, letterhead is used. A sample claim letter can be found on various thematic Internet resources.

The information contained in the complaint must describe as fully as possible the situation that has developed on a specific issue. It is necessary to list all identified deficiencies, requirements for their elimination or payment of a penalty, and provide links to all legal norms and terms of the agreement that were violated by the defendant. It should be remembered that a letter of claim is not a request, but a demand, therefore it is presented in a demanding, strict style.

The claim letter contains the following basic information:

It is also necessary to clearly state in the document that if a mutually acceptable solution is not reached within a reasonable time frame, the injured party will turn to the courts to resolve differences. The following have the right to sign such documents:

• director of company;
• in his absence for valid reasons (illness, vacation) - a person who temporarily performs the duties of a manager and has authority, or a person to whom such authority is given by proxy.

One more detail should be paid attention to: a claim can only be made to the organization that was a party to the contract and violated its terms. An appeal to other legal entities, even those occupying a superior position relative to the defendant (management company, parent company), cannot, according to the law, be considered as a letter of claim.

Response to the complaint and further options for the development of events

Any company that cares about its reputation responds to business letters from partners. In addition, the lack of a response is a clear signal to the sender that more drastic measures need to be taken. The return letter usually contains the following information:

• A message about the date when the letter arrived to the contractor and was accepted for consideration.
• A clear answer to all the above circumstances. If the counterparty agrees with the claim, then he describes what measures and when he plans to take to eliminate the identified deficiencies. If he does not agree with the contents of the letter, he must give reasons for his refusal.
• Signature of the manager, date and seal of the defendant company.

A response to this type of letter must be given within the deadline set by the applicant (in business communication, this is most often given 10 days), and if the date is not specified, then within one month.

It is customary to send a response in the same way as the complaint was received. It should be remembered that a claim is considered satisfied not when it is legally recognized by the recipient, but when it is actually satisfied.

Failure to receive a response to the complaint within the prescribed time, the applicant has every right to file a claim in the arbitration court so that the case can be considered on the merits (to claim a penalty or terminate the contract). However, if the plaintiff does not comply with the procedure for pre-trial consideration of the dispute, if this is provided for by law or in the contract, the court may refuse to consider the claim. Article 11 of the Administrative Procedure Code of the Russian Federation states that if the defendant violated the deadlines for responding to the complaint or did not respond to the complaint at all, then, regardless of the outcome of the consideration of the case, legal costs are assigned to him.