Letter of guarantee (issued when transferring the results of construction work)

How to write a letter of guarantee

The letter of guarantee form contains the following details:

number and date of the outgoing document;
recipient of the letter (addressee) - the name of the organization and full name of the official to whom it is addressed. Typically, a letter of guarantee is drawn up in the name of the head of the company;
name of the document - it is not necessary to write the title “Letter of Guarantee”, you can simply indicate the subject of the letter;
text of the letter - here they indicate what obligations, in what volume and within what time frame the organization undertakes to fulfill. The text of the letter of guarantee may contain the following wording: - We guarantee... - With this letter we guarantee... - guarantees... - We guarantee timely and full payment... - We hereby guarantee... Also in the text of the letter, the addressee indicates his bank details, can place a link to the agreement, in the letter of guarantee to payment - specify the amount of the fine in case of violation of obligations;
signature – position, signature and transcript of the signature (initials and surname) of the originator of the letter of guarantee.

What types of documents are there?

Drawing up a letter of guarantee is necessary in situations where one of the parties guarantees payment for products, work, services provided, rent, etc. The preparation of such a document may be required when one of the participants in a commercial relationship is not sure that the previously reached agreements will be implemented to the specified extent and on time. Let's look at the most common types of letters of guarantee:

on payment of debt for products. The document indicates the obligations, their volume, the period during which the debt will be repaid;
guarantee of delivery of goods or provision of services. The supplier indicates the period for transfer of products, their quantity, characteristics;
providing a legal address. The document is drawn up, for example, by the owner of the premises at the request of the tenant;
about hiring a foreigner. A letter of guarantee, for example, should be issued when employing a foreign citizen, if required by the migration service.

A document that relates to business correspondence must be drawn up on the organization’s letterhead. It can also be drawn up in free form for any type of relationship between legal entities or individuals. So far, the country’s legislation does not contain the concept of “letter of guarantee”, but there is judicial practice using such evidence.

Samples and templates of a letter of guarantee

Payment guarantee letter Contains a guarantee of payment within the specified period and penalties in case of late payment. 1 sample Letter of guarantee for the provision of a legal address Confirms the intention of the owner of non-residential premises to rent it out after registering a new legal entity or confirms the fact of concluding a lease agreement with an existing legal entity when changing the address of its location. 1 sample letter of guarantee for employment Contains a guarantee of concluding an employment contract with an employee, accepting him for a specific position from a specific date. 1 sample

Legal force of a letter of guarantee: procedure for drawing up, application in court

A letter of guarantee is a commercial document in which the sender promises to fulfill specific conditions or perform such actions in which the addressee is interested.

Basically, it is necessary when one party is not one hundred percent confident in fulfilling the agreements on time. Therefore, a letter of guarantee is required.

We will talk about the legal force and legal nature of it in general, as well as about specific aspects in the article.

General provisions

The scope of these documents is business correspondence, the purpose of which is to ensure that certain conditions or obligations are fulfilled within the specified time frame and scope. Letters of guarantee are not regulated by law. Therefore, correspondence is carried out exclusively according to the standards established by office work.

At the same time, a letter of guarantee can act as an offer and acceptance.

The offer is regulated by Article 435 of the Civil Code of the Russian Federation. It is recognized as a document that is sent to a legal entity with a proposal to consider the agreement concluded if it suits the addressee.

For example, a company that has drawn up an appropriate guarantee demonstrates its willingness to consider the contract concluded. In this case, this obligation is considered an offer. It must contain all important terms.

For example, when performing repairs, such is an indication of the beginning and completion of work.

Acceptance is discussed in Article 438 of the Civil Code of the Russian Federation. Acceptance gives consent to an offer, for example, a response to a commercial proposal. It is not necessary to specify all the conditions in such consent. However, it is necessary to expressly agree to those that were proposed.

This commercial document must contain the following information:

Information about the party who compiled it, as well as who the letter is addressed to.
Date of.
The essence of the guarantee, including terms and other components.
Position and full name of the person who signed.
Company's stamp.
Artist's signature.

It is advisable to use company letterhead when writing a letter of guarantee. This will not affect the legal validity. But such a document will look more impressive than if it were made on a regular A4 sheet.

What should you consider when compiling?

There are no established requirements for drawing up a letter of guarantee. But in order for it to be perceived by the partner properly, there are the following recommendations:

Business writing style.
Brief presentation. Phrases that do not make sense are excluded. In this case, all those sentences that convey the essence completely are used.
Specifics. Facts are stated and words such as “we guarantee” and “we undertake” are used.
Clarity. The text is transmitted in such a way that everyone reading can understand what is written.
Errors of speech, spelling and others are excluded.

Compilation example

The legal force of a letter of guarantee without an agreement or in the presence of one may be necessary in cases where there is uncertainty about the integrity of the partner. The corresponding document can be drawn up as follows.

In the upper corner on the right, the person to whom the letter is addressed is indicated (company name or full name of an individual).
Please enter your company information below.
Next, in the middle, in large letters, enter the name of the document: “Letter of Guarantee.”
After this, the text is typed, which may be as follows: “The company undertakes to perform work (list) for the organization within a period of (specify period).”
The text is followed by a stamp and signature.

All letters of guarantee are drawn up the same way. The difference lies only in the obligations that the addressee guarantees to fulfill.

Details of individuals

Separately, it is necessary to say about the data that is indicated in relation to individuals. This:

FULL NAME.
Passport information.
Registration address (temporary or permanent).

Legal force

It must be said that there is no law that would provide for certain provisions on a letter of guarantee. Does such a document then have legal force? Rather, it has a psychological effect on the partner. When this sheet is presented, it indicates serious intentions. He can also play a role in court if it comes to that.

It turns out that despite the absence of relevant provisions of the law, the letter of guarantee has legal force in court? This depends on how the commercial document is drafted.

If the letter contains all the necessary information that confirms consent to fulfill the obligations, then the court will certainly take it into account.

However, if drafted incorrectly, the letter may be ignored or taken into account as insignificant evidence.

Thus, in each specific case, the court raises the question of the legal validity of the letter of guarantee. Judicial practice does not have a firm position on this matter.

The case materials are studied and a decision is made based on specific circumstances. Therefore, a commercial document can be cited as evidence.

At the same time, you should not rely on it as serious and, especially, the only evidence.

Types of letters of guarantee

The most common types of letters include the following:

Confirmation of payment and repayment of debt.
Confirmation of works or services.
Providing a legal address.
Job Application Letter.

Let's look at each of these cases in more detail.

Payment and repayment of debt

Most often, it is the payment guarantee letter that is found.

Its legal force remains unchanged, but the document is often used in case of unforeseen situations that will interfere with the fulfillment of relevant obligations.

Unlike other types, this commercial document is signed not only by the manager, but also by the chief accountant. This gives the letter even more powerful evidence.

The features of filling it out are as follows:

Standard details indicating the outgoing document number.
The text specifies the amount to be paid or the debt, details of the document in connection with which the debt arose, payment terms, payer details, a fine for failure to fulfill another obligation, as well as any other information.
In addition to the signatures of the manager and chief accountant, the organization's seal is affixed.

Performance of work and provision of services

This document provides a guarantee that the work or service will be completed within the specified period, in accordance with the terms of the contract. In the case of its phased implementation, it is possible to register several dates. The contractor also guarantees proper quality that meets certain standards.

Such a letter of guarantee is mainly used when the terms specified in the contract are violated. But it can also be applied before the document is signed. Then the entire volume is indicated in the main part of the letter of guarantee.

Features of the document are as follows:

Document details are standard.
The text specifies: the type of work or service, the period of execution of the order, the number and date of the contract, other details of the document on the basis of which the letter of guarantee is drawn up, legal issues.
Address and other characteristics of the facility where the work is performed or the service is provided.

Providing a legal address

The document is used to present it to the tax office if the legal entity does not have its own premises. Since during state registration it is necessary to indicate the address, it is allowed to use the address of the rented premises. Then its owner draws up a letter of guarantee, and the tenant submits it to the tax office.

The features in this case are as follows:

The addressee is the Federal Tax Service branch, where the tenant will subsequently apply.
The text contains information about the owner of the premises, basic information about him (address, area, other description), consent not only to the provision of this premises, but also to use it as a legal address, and the conclusion of an appropriate lease agreement.
A copy of the document confirming ownership is attached to the letter of guarantee. When concluding a sublease agreement, a copy of the lease agreement is provided to the tax office, which must contain a clause on the tenant’s right to sublease the premises.

About hiring

A letter of guarantee may also be required when hiring a foreigner.

Its legal validity is not questioned, since the document is presented to the migration service, where it is taken into account as evidence of employment of a foreign citizen.

In addition, students need a document to present to the university, and former prisoners need to present it to the authorities that carry out administrative supervision.

Features of the document are as follows:

The addressee is a specific organization (or government agency), and if it is unknown, then the phrase is written: “at the place of requirement.”
The date of compilation is indicated and the originating number is indicated.
The text talks about the person being hired and indicates the procedure for calculating wages.
It can be sent directly to the place of request or a letter of guarantee can be given to the future employee. This does not change the legal force.

Methods of delivery

A letter of guarantee can be served in the following ways:

Personally. Then the addressee only needs to put his signature.
Via postal service. In this case, dispatch is carried out by registered letter with notification.
Using email.

It is better to use the first or second option, since the third is not initially strong evidence. But if it is possible to reliably establish the owner of the person who sent the letter, then this method can be used along with the others.

Conclusion

Why is a letter of guarantee still necessary? Does this document have legal force? Since the concept is not regulated by law, it should be perceived as a document that has a psychological impact and demonstrates the seriousness of the company’s intentions. This is the role of the letter of guarantee and its legal force in court.

However, when presented at various government agencies (for example, at the tax office when registering a legal entity or at the migration service when employing a foreigner), the document is accepted as confirmation of the actions of the owner of the premises, in the first case, or the employer, in the second case. Therefore, here we can talk about the letter of guarantee as a legally binding document.

Thus, answering the question of what legal force a letter of guarantee has, it must be said that it can have many different meanings depending on the context, as well as the will of the parties. To use a letter of guarantee as evidence, ambiguity and uncertainty should be avoided when drafting. The text should be presented in a short, concise and unambiguous form.

Source

Source: https://zakon.temaretik.com/1667387142824003996/yuridicheskaya-sila-garantijnogo-pisma-poryadok-sostavleniya-primenenie-v-sude/

Sample letter of guarantee for work completion

Kuibyshev

Expedition LLC, OGRN 1116511111121, as the performer of work at the site located at the address: Moscow, st. Petrozavodskaya, 25, on the basis of Work Contract No. 35/2013 dated August 22, 2013 (hereinafter referred to as the Agreement), concluded with Transtroy LLC, this letter guarantees the completion of construction work, in accordance with the Specification to the Agreement, by December 30, 2013 G.

Director of Expedition LLC

Ermakov

O.I. Ermakov

It is advisable to draw up a letter of guarantee on the organization’s letterhead with the seal and signature of the manager, sometimes an accountant, incl.

Supplier's warranty obligations

Note, compliance with standards, GOST 1 Plant producing aluminum profiles with its own painting booth 36 GOST 9.032-74 GOST 9.303-84 2 Painting company certified according to the international Qualicoat system 24 GOST 9.032-74, GOST 9.303-84, Confirmed by the Qualicoat certificate 3 Painting company not certified according to the international system Qualicoat 12 GOST 9.032-74, GOST 9.303-84 The choice of a painting company, and therefore warranty conditions, is made by the Buyer together with the Supplier’s specialists, from the painting companies offered by the Supplier and the current capabilities of the Supplier, taking into account the conditions necessary for the Buyer, and is indicated in application for the supply of goods. 3.3 Regarding the protective and decorative coating of fittings for aluminum windows and doors.

What is a letter of guarantee

This is a non-commercial document that is often used in business correspondence. The essence of the paper is that the sender undertakes to perform some action. In our case, transfer money to the contractor. These funds are usually used to pay for goods, services, work, or are used to pay off debt.

A letter of guarantee for payment of services under the contract confirms the existence of a debt, which can be taken into account when considering a dispute in court.

Thanks to such paper, the parties to the transaction can build a trusting relationship, postpone the payment date without fines and penalties, and prevent delays in the delivery of goods (provision of services, performance of work).

When might this paper be needed and how to write a letter of guarantee for payment?

As a rule, it is issued in the case when the customer cannot transfer money on time for one reason or another.

And the reason for drawing up such a document may be a claim by the creditor against the payer or the latter’s own initiative.

Drawing up a letter of guarantee for the fulfillment of obligations in the presence of an agreement

Business processes include various stages of work of an enterprise or individual. A significant part of transactions involves risk when signing a contract. A letter of guarantee confirming the fulfillment of obligations under the contract is an additional way to ensure the safety of the project.

It is most often customary to confirm with such letters the obligation to pay for goods received or to provide services when the contracting parties are not confident in each other or there is a violation of the terms of the contract.

By signing a guarantee obligation, the debtor confirms his intentions to fulfill his obligations under the agreement reached within a certain period of time.

How to apply

An approved sample of a guaranteed letter of payment for services or goods is not provided for by current legislation. However, it is part of business document flow, so when preparing it it is worth considering several generally accepted rules.

Let's consider the mandatory provisions that should also be in it:

Date and originating number.
Details of the recipient of the money (company name or citizen’s name, address).
FULL NAME. representative of the recipient (for example, the head of the organization).
Document title (optional).
The main text, which guarantees the transfer of the required amount within a specific period.
Details of the document on the basis of which funds will be transferred (invoice, acceptance certificate, etc.).
Sender information.
Full name, position and signatures of the debtor's representatives.

Typically, the paper is drawn up on an A4 sheet on company letterhead, signed by managers (general director and chief accountant) and sealed.

Such a document must be signed not only by the general director, but also by a financially responsible person (for example, the chief accountant or financial director).

In the main text, among other things, you can briefly indicate the reasons for late payments. If the customer plans to pay off the debt in installments, then a schedule should be drawn up.

To be more convincing, the payer can also specify the amount of penalties that will be charged to him for each day of delay.

Design rules

The current legislation of the Russian Federation does not consider the letter of guarantee as a legal document. However, in certain cases, a letter of guarantee may have the status of a legal document of a contractual nature . An example is a letter of guarantee for a loan. Many banks and financial institutions consider such a message to be sufficient grounds for issuing a loan.

The Civil Code of the Russian Federation does not contain any sample for drawing up such a message, as well as recommendations for formatting the text of a letter of guarantee. However, when drawing it up, certain principles for drawing up legally significant documents must be observed. If the guarantee is drawn up on behalf of a legal entity, then it must be written on company letterhead. If the document is drawn up on behalf of an individual, then the order of writing is arbitrary.

The text of the document itself must contain the following data :

Details of the parties;
Type of operation for which the guarantee is provided;
Amount provided;
Transfer deadlines.

A letter can be composed in two ways . The use of one or another option will depend on the specific obligations and level of business relations between the organizations:

1st option: at the beginning of the letter a guarantee is given, and then the essence of the obligations, terms, conditions and other relevant details are deciphered in the text.
2nd option: the text describes the essence of the correspondence, and at the end of the letter “I guarantee the fulfillment of the conditions” or “I guarantee timely payment” is added.

When composing a letter, care should be taken to ensure that the letter is written in a business style and does not contain colloquial language. It is equally important to avoid bureaucracy and vague phrases and complex expressions. The content should be extremely clear and understandable and should not create ambiguity.

At the end of the letter there must be the signature of the main manager. In addition to it, it is desirable to have the signature of the chief accountant or financial director. In certain cases, the letter of guarantee must be accompanied by a copy of the organization’s registration certificate, a copy of the certificate of registration with the Federal Tax Service, a copy of the order for the appointment of a director confirming the authority of the person who signed the letter, and an extract from the Unified State Register of Legal Entities.

You can learn more about issuing letters of guarantee and other business correspondence from the following video:

What mistakes are made when compiling

Since we are dealing with such paper as, for example, a sample letter of guarantee for payment, it would be inappropriate to use informal words (slang, vernacular) here. It is also not worth describing in detail the events that led to the impossibility of transferring money on time. You can indicate their very essence or omit this point altogether. Guarantee obligations must be written down accurately, indicating the amount and date of its transfer.

All information in the text must be clear for understanding (without ambiguous phrases) in order to prevent possible disputes.

Finally, it is advisable to receive notification from the lender that the document has been received. This will prevent paperwork from being lost along the way.

Letter of guarantee (form) Agreement of debt, loan → Letter of guarantee (form) on the letterhead of the guarantor organization, name of the bank (or corner stamp, date, reference number) letter of guarantee (name of the guarantor organization) guarantees repayment of the loan issued by (name of the bank) (Name …
Letter of guarantee Agreement of debt, loan → Letter of guarantee letter of guarantee (on the letterhead of the guarantor organization) we guarantee the repayment of loans issued and to be issued (to whom - ...
Letter of guarantee (attachment to the international leasing agreement) Leasing contract, agreement → Letter of guarantee (attachment to the international leasing agreement) letter of guarantee letter of guarantee no. issued . (name of the lessor organization) place of issue. (address) 1. in St…

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GPs are sent by couriers, registered letters or by e-mail. It is advisable to receive notification of receipt of the letter. The most common mistakes when drawing up a GP:

use of informal language, vernacular or slang;
description in unnecessary detail of previous events - in the letter indicate only the immediate reason for the need for deferred payment;
vagueness in specifying warranty obligations - use precise and unambiguous wording.

In a written commitment, an individual or legal entity guarantees something to another individual or legal entity. This is not a commercial document, but part of correspondence between business partners.

If the proposal (offer) is one-sided, then it turns out that the second party does not owe anything, since there is no signature under this letter. In controversial situations, such letters do not give any rights to their authors, but they expand the rights of recipients. Unless there are other documents that can be considered a response to the proposal.

Letter of guarantee for completion of work on site

The law does not contain standards that must be followed when composing the text of a letter. However, in the context of business correspondence, established rules have been formed when writing a letter of guarantee.

Attention: In business correspondence, received letters are recorded by the secretary, and the incoming number for the document must be entered. Content

Purpose
Situations when it is necessary to compile it
The procedure for composing this letter

Requirements
Required items
Applications

Features of compiling some types
Execution of construction work
Execution of work by a contractor
Shift of deadlines

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual.

Product warranty sample

Warranty problems may be caused by:

Damage caused by poor-quality material used by the manufacturer in the manufacture of the product.
Defects made at the manufacturing plant (poor assembly, defective parts, etc.).

The procedure for performing warranty repairs is as follows:

The consumer contacts the service center and presents a coupon indicating a valid warranty for the product.
Product diagnostics are carried out to identify the cause of the breakdown.
Based on the diagnostic results, repairs are carried out.
A report is issued for the work performed, which indicates the cause of the malfunction and the name of the replaced parts.

Cases when the warranty is invalid Very often, service centers refuse to carry out repairs under warranty.

How to write a letter of guarantee for the performance of work

Important

If you want to find out how to solve your particular problem, contact a consultant: (Moscow) (St. Petersburg) (Regions) It's fast and free! Purpose The main purpose of the letter is to assure your business partner that the work specified in the contract will certainly be completed. Often the text of the letter indicates specific deadlines for the completion of work.

letter of guarantee. Situations when it is necessary to draw it up A letter of guarantee can be drawn up either separately or in response to a letter of claim from the customer. Such a letter is presented to the second party if there is a need to confirm its intentions regarding the performance of work under the contract. With this letter, the contractor can also indicate specific deadlines for completing the work or services if they are overdue.

To whom and how is it sent?

The letter can be sent:

request by fax or sent by email;
through a third-party courier (courier service);
sent as a registered letter via Russian Post.

Letters of guarantee are sent to those persons or companies with which the enterprise cooperates (suppliers, contractors and other persons).

From our separate publications you can learn how to correctly draw up a letter of guarantee for payment of goods and payment of rent.

Letter of guarantee

confirmation of the validity of the organization’s intentions to invite a person of foreign origin for an internship or work;

working conditions, schedule and job descriptions of the future employee;

guarantees of housing;

guarantees of medical care and social benefits.

A letter about the performance of any type of work. The text of this letter must include the timing and scope of the necessary operations. To avoid unforeseen situations, it is also recommended to specify the amount of penalties in case of violation of any points of agreement by either party.

Warranty

Important

For example, in banking, a loan guarantor partially/fully repays creditors the loan debt if the debtor does not independently fulfill its obligations. In the trading sphere, the seller guarantees the buyer the quality of the goods sold. Compensation options may be different: cash payment, repair, replacement or restoration of the item purchased.

The content of the article:

Warranty Law
Deadlines and order of implementation
Cases where the warranty is not valid
What is better to ask from the seller?
What to do if warranty obligations are not fulfilled?

Who bears the warranty obligation for the product? Warranty obligations are regulated by Russian law, which provides for the protection of consumer rights. Its latest edition was approved in May 2014.

Letter of guarantee for work completion sample form

Such a document is filled out depending on its function and occupies an important place in the activities of any company. Letter of guarantee to the tax office A letter of guarantee to the tax office is written on behalf of the owner and is confirmation of the presence of a legal address. Such confirmation is necessary primarily for the tax service when registering an LLC. Letter of guarantee for repairs This letter is used in cases where the contractor undertakes to complete repair work on time.

Info

Try it and you will be surprised how easy it has become! The procedure for drawing up this letter Requirements The letter of guarantee is drawn up on an A4 sheet, usually one. This document can be written on the organization’s letterhead or, in its absence, a regular sheet certified by the organization’s seal.

This document has one structure. Depending on the specific situation, only the text of the letter changes. A letter of guarantees for the performance of work, in addition to the signature of the head of the company, implies the signature of the responsible person (deputy director, foreman, etc.). The writing style is purely businesslike and should not contain lyrical digressions.

Guarantee for construction work in 2020: legislative framework

The construction of any facility requires a high-quality approach to the duties performed. That is why the main question that arises for the customer is guarantees.

Everyone wants their built house, garage or any other object to last as long as possible. The same applies to repairs. That is why the issue of guarantees becomes relevant.

In order to clarify the main points in the warranty aspect, you should refer to legislative acts.

The guarantee for construction work under the Civil Code is prescribed by articles 722 and 755. They indicate the following aspects:

the presence of a warranty period for repairs (details here) implies that the object maintains the prescribed quality standards for its entire duration;
unless the concluded agreement stipulates otherwise, the quality requirements apply to the entire facility as a whole;
quality standards are achieved and guaranteed by the contractor, and he is also responsible for all production problems;
The customer must report any detected defects within a reasonable time, and the warranty period is extended for the period until the defects are eliminated (here a claim is usually written to the developer for eliminating defects under the warranty period.).

The warranty period for construction work must be provided for in the contract concluded between the customer and the construction contractor. If such a document is not available, or these provisions are not included in its content, you must refer to Article 724 of the Civil Code of the Russian Federation:

the customer must inform the contractor about all detected deficiencies within a reasonable period, but no later than two years;
you have the right to make these claims throughout the entire warranty period, if provided for in the contract;
unless otherwise provided, the countdown begins from the moment the object was accepted by the customer.

However, the provisions of this article are of a general nature. In relation to construction work, reference should be made to Article 756. The law prescribes that the warranty periods specified above, instead of two years, are extended to five.

The provisions of the Civil Code of the Russian Federation prescribe that the warranty period for repair and construction work according to regulatory documents has no less legal force than the law. That is, if the agreement specifies the appropriate framework, then first of all you should adhere to these standards.

At the same time, it is prescribed that if the warranty period for repair or construction work under the contract is less than two and five years, respectively, then one should refer to the norms of the Civil Code. If a longer period of time is indicated, then the provision of such a normative document has greater priority.

That is, in both cases the law is based on the interests of the customer. The corresponding terms of two and five years are the minimum that a consumer can count on.

Guarantees for certain types of construction or repair work are established depending on their complexity. Performance characteristics are also taken into account.

However, the statutory minimum for repairs of 24 months and for construction of 60 months cannot be reduced.

That is, if repairs were made, the contract was not concluded, and in words the contractor only guarantees a year of excellent service - the customer will still be able to apply for the elimination of defects within two years.

In this situation, it may be necessary to conduct an independent examination, often at the expense of the customer. If it reveals quality defects in construction or repairs, then by law the responsibility for eliminating them will fall on the contractor. In this case, the customer can also demand compensation for damage, if any. In this situation, payment for the expert’s services is made at the expense of the contractor.

A letter of guarantee regarding the fulfillment of obligations under a construction contract is a non-binding regulatory document. It indicates the deadlines for completion and, if they do not comply with the contractual ones, the reasons for this situation are specified.

Such a letter is sent to the customer either at the initiative of the contractor or upon request.

That is, if the former submitted a document to provide information on construction work and warranty periods, then such a sample letter of guarantee is drawn up.

Please note that the information presented herein is legally binding. It can be used as a witness document by both parties. Therefore, the presence of such a letter about the performance of construction work under a guarantee indicates the conscientiousness and responsibility of the contractor.

If you have questions, consult a lawyer. You can ask your question in the form below, in the online consultant window at the bottom right of the screen, or call the numbers (24 hours a day, 7 days a week): (25.00 out of 5) Loading…

Letter of guarantee for work completion

The text of the letter uses the following phrases:

XXX LLC guarantees the fulfillment of...;
“We hereby guarantee...”;
“With this letter, XXX LLC guarantees...”

The letter of guarantee consists of:

Document headers, which contain details of the sending company, outgoing number, addressee).
Text - guarantee.
The final part with signatures of responsible persons.

Mandatory items The letter of guarantee is sent to the party on the organization’s letterhead. However, it should include:

Company details, date and reference number.
Recipient of the letter.

Elements of writing

Business correspondence is mostly the same type.
A specific document has three parts: the head, the body of the document and the final one. At the top of the sheet there are usually details of the organization that sends the document and is the creditor. Ideally, the letter is printed on the organization’s letterhead, which contains its full name, address, contact numbers, tax identification number and other fundamentally important information. Also, the hat, according to existing standards, must contain a number, date, polite, and most importantly, a specific address to the business partner. If the letter is titled, for example, Romashka LLC, then it will not be clear who the recipient is. Therefore, it is better to formulate the appeal in accordance with the requirements, addressing the manager or other person responsible for repaying the debt by name and patronymic. If you have any questions, you can consult for free via chat with a lawyer at the bottom of the screen or call by phone (consultation is free), we work around the clock.

In most cases, the main part of the document states:

A reference to the number of the contract that was concluded and according to which the goods were delivered or services were provided. You can refer to a specific clause of the contract, if possible. Quoting is not prohibited if it clarifies the situation.
What organizations participated?
The specific amount of debt, as well as for what goods or services it is due to be paid.
What actions are required by the debtor company. Usually this is a transfer of funds to an account. If the account data is specified in the agreement, then it will be enough to refer to the agreement signed by both parties.
What happens if the debt is not paid. Measures can be either soft (forfeits, penalties) or hard (appeal to the Arbitration Court). Basically, organizations resort to combined measures of influence on the debtor.

Letter of guarantee for the completion of work. How to write

Sample filling and form of a letter of guarantee for the provision of a legal address or a letter of guarantee from a potential lessor of LLC "Retrans" OGRN INN KPP Address: r\s Bank k\s BIC Director of LLC "New World" Vasiliev O.Yu. Letter of guarantee Subject to the conclusion of a lease agreement, I authorize, when registering Novy Mir LLC, to use the non-residential premises that belonged to me as the location: Lermontova 128.

Attachment: Certificate of registration of ownership rights Director of Retrans LLC Karnaushenko V.S. Letter of guarantee for the supply of goods from the manufacturer Most often, large companies, due to their long presence in the market, have formed their own clearly defined requirements for filling out an application of this type.

However, there are also standard forms for filling out the form. In this case, it is necessary to indicate not only the name of the product, but also its article number.

Key phrases related to the content of most letters of guarantee: - this company (enterprise) undertakes; - I promise; - who gave the guarantee; - I’ll create the conditions. General rules for drawing up a letter of guarantee The letter of guarantee must include: - a directly stated issue, clearly stated conditions; — details of both parties; — signatures of responsible parties; — the liability that one of the parties will bear in case of failure to fulfill the agreements. Types of letters of guarantee Let us consider the main types of letters of guarantee in detail. A letter in which one of the parties promises to repay a debt.

This type of document is used very often in modern times for cooperation between different companies (organizations). Its purpose is to guarantee the recipient repayment of the debt in the designated amount to a specific bank address.

Manufacturer's warranty and consumer rights

The following dates for the onset of seasons have been established for the sale of goods in the Tyumen region: winter - from November 1 to April 1; spring - from April 1 to June 1; summer - from June 1 to September 1; autumn - from September 1 to November 1. When selling goods by samples, by mail, as well as in cases where the moment of concluding a purchase and sale agreement and the moment of transfer of the goods to the consumer do not coincide, these periods are calculated from the day of delivery of the goods to the consumer. If the consumer is deprived of the opportunity to use the product due to circumstances depending on the seller (in particular, the product requires special installation, connection or assembly, or has defects), the warranty period is not calculated until the seller eliminates such circumstances.

Letter of guarantee for completion of work on site

Typically, a letter of guarantee is written if the contractor, for any reason, cannot complete the work within the time period established by the contract. In response to the customer's complaints, a letter can be drawn up with a guarantee that the work will be completed as soon as possible. The text must specify the deadlines for fulfilling obligations, as well as the responsibility that the author of the letter will bear if the obligations are not fulfilled on time.

_____________________________________ (name/full name of the contractor) address: ______________________________

from ___________________________________ (name/full name of the customer) address: ______________________________

STATEMENT (CLAIM) regarding the discovery of defects in the result of work under a construction contract during the warranty period

“___”________ ___ under the construction contract dated “___”________ ___, N _____ (hereinafter referred to as the Agreement) __________________________________________ (name/full name of the contractor) (hereinafter referred to as the “Contractor”) performed, and _________________________________________ ( name/full name of the customer) (hereinafter referred to as the “Customer”) accepted _______________________________________________. (indicate the result of work under the contract) “___”____________ ____ payment was made in the amount of ____ (_________) rubles. The warranty period, according to clause ____ of the Agreement, is ______________. “____”______________ _____ (during the warranty period) The Customer discovered the following deficiencies in the work: ____________________________________ ________________________________________________________________________________, (indicate the detected deficiencies <1>) which affected 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 a warranty period is provided for the result of work by law, another legal act, a contract or business customs, the result of the work must comply with the terms of the quality contract throughout the entire warranty period (clause 1 of Article 721 of the Civil Code of the Russian Federation ).

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

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.

In accordance with Art. 722, para. 2 p. 1 art. 723 of the Civil Code of the Russian Federation, the Customer requests that the specified deficiencies be eliminated free of charge within "___"__________ ____ (within a reasonable time).

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.

Application:

Guarantee for construction work in 2020: legislative framework

The period of responsibility of the developer is established in the bill “On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation.”
The provisions of the legal document determine the need to conclude a contract, which describes in detail the entire construction process, and also establishes the period for completion of the work. The document has legal force, since both parties must sign it. It should contain the following information:

detailed definition of the construction project (or installation work);
requirements for delivery of the object;
the period within which the work must be completed;
cost of work;
options for transferring funds (if payment is made in installments);
warranty period.

If the contract contains all the listed points and the document is drawn up according to all the rules, it has legal force. The final cost of a residential property depends on whether the structure is rented out within the required period. If the deadlines are missed, the developer must reduce the price or return the entire amount to the client.

The official text of the law also provides for buyer liability. If he does not transfer funds on time, work may be suspended and contractual obligations cease to apply. If, due to circumstances beyond his control, the developer is forced to increase the commissioning period of the facility, he must notify the client. The minimum period within which this must be reported is 2 months before the end of the specified period.

The formal contract must provide for the requirements, upon compliance with which the object is considered accepted. If the conditions are not met, the client may demand compliance with the warranty obligations:

the developer redoes the work during the specified period at his own expense;
the cost of a residential property decreases;
the client can independently eliminate the defects and demand that the developer return the money spent.

According to the provisions of the current legislation, one of the conditions must be satisfied.

Letter of guarantee for construction work sample

Documents confirming shortcomings in the results of work under the Contract.

“___”__________ ____ Customer: ___________________/____________________ Signature Full name. M.P.

<1> Clause 1 of Art. 754 of the Civil Code of the Russian Federation.

Comments:

A letter of guarantee is intended to provide the addressee with written guarantees confirming the promises or conditions, intentions or actions of the sender, one way or another related to the interests of the addressee.

The letter of guarantee can be addressed to an organization or an individual. The word “guarantee” itself may not appear in the text of the letter, however, the letter will remain a document containing guarantees. A letter of guarantee may guarantee, for example, payment for the work performed, the timing of the work, the quality of the work, the quality of the goods supplied, the timing of its delivery, payment for the products received, etc. Most often, such guarantees are required if one of the parties does not I am confident that certain agreements will be implemented. These points may form the content of the entire letter or be a component of it. Letters of guarantee are of a distinctly legal nature, corresponding in status to documents of a contractual nature, i.e. contracts and additional agreements.

Most often, letters of guarantee are provided to confirm payment. In this case, it is mandatory to indicate a reference to the contract or invoice numbers according to which payment must be made.

What is the warranty period for construction work?

If you purchase a defective product, you will certainly exercise the right of return, since it has a warranty period. This rule also applies to any contract work.

Much attention is now paid to the quality of construction activities. The reason is numerous complaints from customers regarding the provision of this type of service. Defects are often discovered after a while.

Service quality obligations must be established in accordance with the contract. The conformity of the quality of services provided by the contractor is also noted in the agreement, and if this point is missed, then one should rely on the rules for activities of this kind.

The concept of a guarantee for construction services is spelled out in Article 754 of the Civil Code of the Russian Federation. A guarantee for installation work by law, as well as for other types of construction activities, implies that the contractor is responsible for the quality of the services provided, based on the norms and rules provided for in the documentation, and which are binding on both parties.

The time period during which, according to the contractor, the object will comply with all the conditions of the signed contract is the warranty period. Article 755 “Quality guarantees in a construction contract” defines the legal relationship between the contractor and the customer.

The optimal period in which the customer can report detected defects is the time to write a complaint about inadequate quality, and it is 1 year. Quality claims regarding buildings and structures can be submitted within 3 years.

The Civil Code of the Russian Federation sets a deadline. If quality defects are identified, the construction work is guaranteed for 5 years by law. It is important to note that the warranty period and the limit are different concepts.

During the warranty period, the customer can claim a complete repair immediately, but during the warranty period, proof of the customer’s innocence of the defects that have arisen is required.

He will have to conduct an independent examination, and at his own expense.

The Contractor is not responsible for the defect in the following cases:

normal wear and tear of the object;
if the object was improperly operated;
if the repair of the object performed by the customer was of inadequate quality.

The warranty period provided for shared construction projects, except for technological equipment and engineering structures, is established by the contract and is at least five years. The countdown begins from the date of acceptance of the facility, and for technological equipment it is at least three years.

Minimum warranty period for construction work

The minimum warranty period specified in the contract cannot be less than one year from the date of delivery of the object, otherwise the customer has the right to file a claim.

If deficiencies are discovered and reported to the contractor, the customer must determine a period for their elimination at the expense of the company, otherwise this will be regarded as a waiver of the guarantee for the services performed.

If the contractor offers a warranty period shorter than it is prescribed by law, this is regarded as an infringement of consumer rights and a violation of the provisions of Article 756 of the Civil Code of the Russian Federation.

A letter of guarantee must be written when the contractor, for certain reasons, cannot fulfill his obligations on time. In response to the customer's claim, a letter is drawn up, which contains obligations to complete the work in the near future. It specifies the deadlines for fulfilling the obligations assumed, as well as responsibility for non-compliance.

If the customer doubts the reliability of the contractor, or he needs additional confidence that the work will be completed, he has the right to request a letter of guarantee.

Customer rights when defects are discovered within the warranty period

Articles of the Civil Code also give rights to the defrauded customer. For example, if violations are identified in the work of the contractor and non-compliance with the contract, the customer has the right to demand that the identified deficiencies be eliminated within the near future. If the customer relies on payment or savings of funds, then he has the right to demand a reduction in the cost of work due to identified defects, and also has the right to file a claim for full compensation for losses.

At the same time, the customer should not be unfounded and must back up his words with notarized papers. For example, they may indicate poor quality work performed by the contractor. Such documents may include: acts, declarations of independent experts. All of them are successfully used in legal proceedings.

However, conducting an expert assessment and identifying inadequate quality of work performed does not always satisfy the customer. An example is the FAS resolution of January 16, 2020. Then, during the court hearing, many facts were considered about the identified shortcomings in the work of the contractor.

At the same time, the arbitrators pointed out the partial liability of the contractor to the developer. The thing is that the identified deficiencies at the site were the result of processes that neither the general contractor nor a third party could have foreseen. Simply put, the resulting defects arose due to a reason beyond the control of the developer. Consequently, the payment of material resources should not come from the contractor.

A little history

In one form or another, letters of guarantee have almost always existed. As an example, promissory notes, known since ancient times, reflected the intention of one party to pay a debt by a certain date, and the right of the other party to collect this debt after the specified period.

In ancient Rome, debt obligations were displayed in an analogue of the modern income and expense book by special people. There were receipts in Ancient Greece.

In medieval Italy, another type of letter of guarantee arose - a bill of exchange. An example that has survived to this day is an interest receipt from 1339:

"Bartalus and Co. In Pisa

In the name of the Lord Amen. Bartalus and Co. sends his regards to Barna from

Luhi and Co. Avignon.

Pay this letter on November 20, 1339 to Landuccio Bassadraghi and

Co. From Luha 312 ¾ gold guilders, which we received today from

Takredo Banachmunti & Co., charging 4 ½% in their favor and credit the amount

at our expense. Issued October 5, 1339."

Source: Edronova V.N., Mizikovsky E.A. “Regulation and accounting of transactions with bills of exchange.” M., Finance and Statistics, 1996. –128