Claim for poor quality work. Form, sample 2020

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.

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.

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:

+7 (499) 938-90-37 Moscow+7 (812) 467-37-23 St. Petersburg

Reasons for complaints

Any of the counterparties may be dissatisfied with how the terms of the agreement are fulfilled. That is, in a construction contract, both the customer and the contractor may be dissatisfied. The main thing is that this dissatisfaction is justified not only by the real state of affairs, but also by the relevant clauses of the contract that the counterparty does not fulfill.

For example, a customer may be unhappy that a contractor is rude to him on the phone, but the fact is that mutual terms of politeness in construction contracts are not regulated. But they regulate:

deadlines for completing the work;
deadlines for completion of intermediate stages of construction;
conditions for attracting subcontractors;
terms of delivery of building materials by the customer;
quality of building materials;
quality of installation of building structures, installation of windows and doors;
terms of payment for construction work, etc.

Accordingly, the arguments of the claim can relate only to those points that are specified in the contract, including penalties.

Claim for poor quality work

You provided services within the period stipulated by the contract in accordance with the terms of Contract No. __ dated ___________, namely: a barbecue with a stove, a smokehouse and an adjacent brick table was built.

And the customer is obliged to accept the result of properly performed work and pay for it. The claim is sent to the party to the contract that violated its contractual obligations. Claim – a written objection and/or demand sent to a party that has violated its contractual obligations. After you completed the work, I identified a significant drawback - the tabletop was installed crookedly, which I immediately informed you about, asking you to eliminate the identified drawback. My appeal was ignored, as a result of which I was forced to resort to the help of other persons, for whose work I paid money in the amount of ___________ rubles.

Further, as a result of short-term use of the barbecue, a crack formed on its decorative part, which I also informed you about, requesting that the identified defect be corrected.

To date, you have not taken measures to eliminate the crack. I do not agree with your actions; I believe that you have violated my rights, as a consumer, to receive services of proper quality.

Form and content of the complaint

The method of writing a claim and its form are not regulated by any legal norm. To a certain extent, a claim is the equivalent of an ordinary statement, but containing not a request, but demands. A characteristic feature of a claim is the fact that it can only be based on the terms of the contract, and only contractual counterparties can exchange claims.

Taking into account the fact that counterparties under an agreement can be both legal entities and individuals, we can say that the form of the claim is determined by the subject composition of the agreement.

Claims from legal entities must be business-like and legally literate. As for claims drawn up by individuals, the main requirement for them is intelligibility of presentation.

Thus, the claim must unambiguously convey to the addressee the essence of the requirements and their justification. In order for this condition to be met, the claim must contain:

names (names) and addresses of the parties to the agreement, entered in the form “to” and “from”;
table of contents, that is, the word “claim” itself;
information about the agreement on the basis of which the claim is being made. In our case, this should be “contract agreement No. ____ dated ______________”;
a statement of the clauses of the contract violated by the counterparty and the losses, inconveniences, etc. caused as a result of these violations;
justification of the requirements. That is, if we are talking about collecting a penalty or penalty, then a calculation of the amounts claimed should have been presented;
an offer to fulfill the requirements of the claim through a peaceful settlement of the dispute with a warning that the claim is pre-trial;
a concise list of requirements;
the date of the claim and the signature of its author. If the author of the claim is a legal entity, then it must be signed by an official who has the right to sign claims.

Documentary evidence should be provided to support the requirements. For example, if we are talking about poorly performed work, a defect report or an expert’s opinion should be attached.

Documents substantiating the requirements must be listed in a numbered list under the “Appendix” heading.

The claim can be handwritten or printed. It is possible to write a claim on the letterhead of a legal entity.

Penalty

So, the contract provides for many obligations of each party, namely:

the customer’s obligation to pay for the work in a timely manner and in full;
the contractor’s obligation to complete the work in a timely manner and with proper quality;
the customer’s obligation to supply building materials or pay for their purchase in stages, etc.

Failure to fulfill any obligation entails causing certain losses to the other counterparty. Therefore Art. 330 of the Civil Code of the Russian Federation provides for the accrual of a penalty for failure to fulfill obligations under a construction contract. A penalty is understood as a certain amount of money provided for by the law of the Russian Federation or the agreement of the counterparties itself.

The obligation to pay the penalty falls on the party guilty of failure to fulfill contractual obligations. Of course, no one will pay penalties on their own initiative, which means that the requirement to pay a penalty must be contained in the text of the claim.

If the amount of the penalty was determined in the agreement, then the calculation is made in accordance with the amounts agreed upon in the agreement, but if not agreed upon, then in accordance with the refinancing rate of the Central Bank of the Russian Federation.

At the same time, the amount of the penalty under a construction contract may vary depending on what refinancing rate was in effect during the period of non-fulfillment of contractual obligations.

Let us remind you that the Central Bank refinancing rate is revised three times a year, therefore, for the convenience of users, our website has developed a special penalty calculator that takes into account changes in the refinancing rate.