Refusal to sign the acceptance certificate for completed work. How to send a reasoned refusal to accept work

Wrote a motorcycle refusal to sign the PSR

Received the Agreement and Specifications.

My comments are highlighted in red in the technical specifications. In this form, I returned the TU to them and asked them to think about it...

In the Agreement in clause 3.1.3. asked to swap subparagraphs 2 and 3.

Latest specifications

TECHNICAL CONDITIONS
for technological connection of electrical installations

Reason: application
Applicant:
Object: land plot
Actual address of the object: Leningrad region, Priozersky district,

1. ATTACHMENT POINT.
- support of the 0.4 kV overhead line newly built by the Grid Organization from TS-260, located on the border land plot The applicant.
The power connection point (contact connections of the wires of the 0.4 kV overhead line to the descent on the support of the 0.4 kV overhead line newly built by the Grid Organization from TS-260, located on the border of the Applicant’s land plot) is the boundary of the balance sheet ownership and operational responsibility of the electric networks between the Grid Organization and By the Applicant (the contacts are maintained by the Distribution Zone, the descent is maintained by the Applicant).
Power source – substation 110/10 kV “304” f. 304-04
2. CHARACTERISTICS OF CONNECTION OBJECTS.
2.1. Object – land plot
2.2. Power consumption of electrical receivers is 15 kW.
Voltage – 380 V
2.3. Electrical receivers of the 1st reliability category - none,
electrical receivers of the 2nd reliability category - absent,
electrical receivers of the 3rd reliability category – 15 kW.
2.4. The nature of the load is municipal.
3. EVENTS CARRIED OUT BY THE NETWORK ORGANIZATION:
3.1. To ensure the required voltage level for consumers in accordance with GOST and ensure the reliability of power supply, perform the following:
3.1.1. Replacement of a 50 kVA transformer in TP-260 with a 160 kVA transformer with replacement of equipment. Convert the KTP into MTP.
3.1.2. Reconstruction of 0.4 kV overhead line L-1 from RU-0.4 kV to support No. 25 (approximate length 640 m) with replacement of the wire with SIP-2A 3x70+1x95 wire, supports with wooden ones (SSA) and replacement of 22 inputs .
3.2. From the 0.4 kV overhead line from TP-260, build a 0.4 kV overhead line tap using SIP-4 4x16 wire and wooden supports (SSA) to the border of the applicant’s land plot (approximate length 80 m).

4. ACTIVITIES PERFORMED BY THE APPLICANT:
4.1.1. Provide a place for installing a support on the border of the site.
On a support installed on the border of the Applicant's site, install a 0.4 kV distribution board with a metering unit and a current-limiting circuit breaker at the rated current according to the requested power.
4.1.2. From the VLI-0.4 kV wires on a support installed on the border of the Applicant’s site, install descents to the 0.4 kV distribution board using a self-supporting insulated wire or a cable of the appropriate cross-section.
4.2. On a support installed on the border of the Applicant’s property, make a connection to the 0.4 kV overhead line through the 0.4 kV distribution board to the applicant’s power receiving device.
4.5. Accounting electrical energy.
4.5.1. To account for electrical energy, metering devices are used, the types of which are approved by the federal executive body for technical regulation and metrology and included in State Register measuring instruments.
4.5.2. Use a meter with an accuracy class of at least 2.0 that meets the requirements of GOST 52322-2005, GOST 52323-2005.
4.5.3. Newly installed meters must have state verification seals not older than 2 years.
4.5.4. Organize electricity metering in the 0.4 kV distribution board (if necessary, place it in vandal-proof cabinets).

5. RELIABILITY OF ELECTRIC SUPPLY.
The specified category for the reliability of power supply to the Applicant's electrical receivers is ensured in accordance with the PUE (7th edition).

6. VALIDITY DURATION OF TECHNICAL CONDITIONS.
6.1. These technical conditions are an integral part of the Agreement and come into force from the moment the Agreement is concluded.
6.2. The validity period of these technical conditions is 2 years.
6.3. Upon expiration of the technical specifications or changes in the terms of the application
04.2010 The applicant is obliged to obtain new technical conditions.
6.4. In case of termination of the Agreement, these technical conditions are considered invalid from the moment of notification from JSC Lenenergo.
6.5. Compliance Technical specifications is of a continuing nature and is mandatory for the Parties after the implementation of technological connection measures.

The contractor, within the framework of a civil contract, must perform work or provide services to the customer, provided for by the agreement. The customer must either accept the work performed and pay for it in full, or point out the shortcomings of the service provided. In the latter case, a claim is made or a reasoned refusal is sent. This provision is provided for in Art. 711 of the Civil Code of the Russian Federation. The result of the negotiations - with the participation of the representative of the contractor and the customer - is the drawing up of a bilateral act, where the parties note the identified shortcomings and also discuss a reasonable time frame for eliminating them.

In the absence of dialogue between the parties to the contractual relationship, the presence of a reasoned refusal is a kind of insurance for the customer who has expressed a desire to protect his interests in court. For example, the contractor refused to acknowledge and correct defects that the customer identified during the inspection of the work, and demands full payment for his work. Then a reasoned refusal must be drawn up (provided for in Article 783 of the Civil Code of the Russian Federation).

An example from judicial practice confirming the need to draw up a reasoned refusal is the ruling of the Supreme Arbitration Court of the Russian Federation No. VAS-9441/12 dated July 25, 2012 in case No. A40-125075/10-109-1076, where the customer presented a reasoned refusal to the contractor as part of the trial with a requirement to eliminate defects in the service provided. A similar approach was applied in the decision of the AS CO in case No. A36-4171/2015, where the court protected the rights of the customer by collecting a fine from the contractor for the provision of services that do not comply with contractual obligations.

Obligation to draw up a reasoned refusal

An analysis of the current norms of civil law allows us to conclude that drawing up a reasoned refusal is necessary only in cases where the contractor refuses to take measures to eliminate deficiencies in the work and demands that the customer pay for his services. If this document is missing, then the contractor can conclude that the customer is evading acceptance of quality work, which is noted in the relevant act. This situation allows the performer, by virtue of Art. 753 of the Civil Code of the Russian Federation to demand payment from the customer within the framework of unilateral legal relations.
Arbitrage practice in such cases it is clear - the court will side with the performer. An example is the resolution of the Autonomous Region of the Moscow Region dated July 14, 2015 in case No. A40-72527/14 on satisfying the contractor’s requirements regarding recovery from the customer sums of money not paid for work performed.
A similar approach is observed in the resolution of the AS SZO in case No. A56-22772/2014, where the court decided to recover money from the customer under a government contract in favor of the contractor, because no claims were sent to the latter, no reasoned refusal was drawn up to sign the act of acceptance of the work performed. The result of the consideration of the case is the court making a decision in favor of the executor.

Reasoned refusal under a contract is the result of the work of the production and legal departments. A specialist in the field of analysis of contracts and legal acts is not required to know the technical nuances and rules for performing individual works. These actions are carried out by specialists in individual fields of knowledge. The information received is sent to lawyers to draw up links to the terms of the contract and current regulations. With the participation of a lawyer, control is made over the sending of analyzed information about the results of work performed to the contractor or contractor.

The presence of a reasoned refusal of acceptance for the customer is a legal way of refusing to pay for low-quality services under the contract and subsequent proof in court of improper performance of work/services by the contractor.

This is confirmed by judicial practice, in particular, the resolution of the Supreme Court of the Moscow Region dated December 25, 2014 in case No. A40-96770/14.

Practical advice on drawing up a reasoned refusal

1. The document contains references to contractual obligations violated by the contractor.

A reasoned refusal must have not only references to the list of shortcomings noted in the performer’s work, but also a legal basis. When drawing up this document, the lawyer indicates the specific clauses of the contract that the contractor violated. Only in this case will the shortcomings indicated in the reasoned refusal be legal force and will protect the customer from the contractor’s demands for payment for poorly performed work.
When drawing up an agreement for the provision of services or performance of work, clear language must be used. Their presence will help reflect individual defects in the performer’s work in a reasoned refusal. Judicial practice includes court decisions that protected the contractor from unlawful demands of customers. For example, the Federal Antimonopoly Service of the Moscow Region, in its resolution dated December 5, 2012 in case No. A40-51215/12-61-421, took the side of the executor, considering the demands specified in the reasoned refusal to be unfounded and illegal, based on the fact that they had unclear wording.
If a civil contract is drawn up incompetently, the customer may have problems justifying inaccuracies in the contractor’s work. So, if the elimination of deficiencies was entrusted to another contractor, and a reasoned refusal was not drawn up against the first contractor, then it will not be possible to recover damages from him. This path was followed by the AS SZO, which in its resolution dated 09/07/2015 No. F07-6604/2015, when making a decision in case No. A56-50856/2014, indicated the obligation to pay for the services of the contractor due to the absence of complaints about the quality of his work.

2. The refusal must contain specific shortcomings of the work, and not solely organizational components.

When drawing up a reasoned refusal, one cannot take into account only formal requirements, for example, the rules for drawing up an acceptance certificate. If most of the requirements include organizational shortcomings, then during the trial this document may have the status of unmotivated. This approach was formulated in their decisions by the Arbitration Court of the Moscow Region in case No. A40-218037/2014, and the Moscow Arbitration Court in case No. A40-55724/ 2012, AS UO in case No. A71-940/2014, taking the side of the executor, who substantiated the unmotivated nature of the document in question.

3. The refusal is sent to the contractor with the customer retaining absentee documentation confirming the fact of sending the requirements.
There are many examples when a well-drafted reasoned refusal is not taken into account by the court when resolving a case due to the lack of evidence of its sending to the contractor. For example, see the resolution of the AS SZZ in case No. A26-1078/2015

In some cases, the contract contains a specific period during which the customer is obliged to provide a reasoned refusal. If such actions were not taken, then the court, using the example of the resolution of the AS SZO in case No. A56-34716/2015, may oblige the customer to pay in full for the services provided by the contractor.
You can prove that a notification was sent by saving the register postal items or postal receipt. Evidence of the customer’s conscientious approach in terms of notifying the contractor about the presence of defects in the work is the duplication of sending a reasoned refusal according to e-mail. For example, see AS MO in case No. F05-15146/2014.

When drawing up a reasoned refusal to accept the result of work/services, legal analysis and correct design of the entire process described above will be a necessary guarantee not to pay for poorly performed work by the contractor.

The Contractor undertakes to perform work or services and transfer the result to the customer. The latter must accept them, but the obligation to pay arises only in the event of proper quality works If this is not the case, the customer must notify the contractor of his claims. As a rule, this notification is issued in the form of a claim or a reasoned refusal to accept. If the contractor is inclined to dialogue, having received a refusal, he will send a representative to draw up a bilateral act with a list of shortcomings and agree on a time frame for their elimination.

If the performer does not intend to conduct further work, a reasoned refusal will protect the customer in court. Such a document will be needed if the contractor refuses to correct the defects, but demands payment for poorly performed work or services provided. For example, the court considered that the performer did not prove proper performance. The customer presented a copy of the reasoned refusal, in which he demanded that the contractor bring the result of the work into compliance with the terms of the contract. In another case, the customer refused to accept services, citing a discrepancy between the results of SanPiNam and GOST. The court sided with the customer and collected a fine from the contractor for poor quality services provided.

When will the document be required?

Refusal to accept work or services will be necessary when the contractor improperly fulfilled the obligation, but requires the customer to accept and pay for the work or services.

If you do not send a reasoned refusal to the contractor, the latter may consider that the customer is avoiding acceptance. In this case, the contractor will make a corresponding note on the work acceptance certificate and demand payment under a unilateral act.

In such a situation, there is a risk that the court will side with the performer.

For example, the court collected debt under a government contract. He found out that the contractor sent the customer an acceptance certificate for the work performed and a certificate of cost. It turned out that the customer did not provide a reasoned refusal to sign the received documents. He did not set out a list of complaints about the work performed, nor did he make a demand for the elimination of defects and shortcomings. There is no evidence of such comments directed at the performer in the case materials.

Such a document must be drawn up by the production and legal departments. The lawyer is not required to know technical details(for example, violation of SNiPs or other requirements for work or services). The list of specific violations is usually compiled by specialists. They forward the information to the legal department. The lawyer draws up comments and provides links to the terms of the contract and the law. He independently directs or controls the proper transmission of the reasoned refusal to the contractor. In such a situation, it will be difficult for the contractor to demand payment, since the customer will have a document that confirms the direction of the reasoned refusal. A reasoned refusal must also be drawn up if the contractor provided poor quality services. This will help you avoid paying them.

Checkpoints during registration

It is necessary to indicate the contract and specific obligations that the contractor violated.

The document will have to explain why the customer does not accept the result. Manufacturers may point out deficiencies in the work, but forget to refer to a specific clause or condition of the contract that the contractor violated. The lawyer needs to indicate in a reasoned refusal the obligations under the contract that the contractor performed improperly.

If the contractor has presented a poor-quality result and does not intend to eliminate the defects, a reasoned refusal will be drawn up not so much for him, but for the court. Clear wording and references to sections and clauses of the contract will help resolve the dispute faster. Otherwise you will need additional documents. Any inaccuracies will become a clue in court, which will allow the contractor to challenge the refusal and demand payment. For example, the court considered that the refusal to accept was unmotivated. He concluded that the services were provided and subject to payment.

Vague formulations will cause difficulties if the customer undertakes to eliminate defects on his own or entrusts the work to third parties. It will not be possible to recover damages caused by improper performance of the first contractor.

The parties have the right to determine the form of reasoned refusal in the annex to the agreement. It can be presented in the form of a table, where there will be a column for the clause of the contract that the contractor violated, and a column for comment. Such a framework will force you to write comments briefly and to the point.

In addition to organizational issues, the refusal must indicate the shortcomings of the work or services performed.

A reasoned refusal cannot be based only on comments on the acceptance certificate. It is necessary to indicate specific circumstances that do not comply with the terms of the contract. If the refusal consists entirely of organizational comments, the court may consider it unmotivated.

You also cannot limit yourself to describing errors in the procedure and timing of sending the report and refer to non-compliance with the regulations. For example, acts for the acceptance of work on the construction of a facility are first viewed and endorsed by the site manager. This condition is stated in the contract. This is logical, since the customer’s representative at the work site will see the result faster than anyone else. He is able to evaluate quality because he observes the process every day. His signature signals production department the customer on the proper performance of work by the contractor. However, the absence of such a visa on the act in itself will not become a reasoned basis in court for refusing to accept the work.

The customer has the right not to accept the work only if he discovers fatal deficiencies that exclude the possibility of using the result. In this case, the contractor will not be able to present a unilateral certificate of acceptance of the work result for payment. Such a document is recognized as valid only if the reasons for refusing to sign the act are recognized as unfounded.

Even if the contractor presented the work acceptance certificate outside the established period, it is better to send a reasoned refusal to the customer. This will simplify the process of justifying deficiencies in court. Evidence of the direction of refusal will confirm that the contractor knew about the deficiencies and, before demanding payment, should have corrected them.

If the customer refers only to organizational issues, the contractor will make a note in the act indicating the customer’s refusal to sign. After this, he has the right to present a unilateral act for payment. Courts do not consider violation of regulations to be an objective basis for not accepting work or services. Such a refusal is considered unmotivated. It does not give the customer the right to withhold payment if the contractor performs his duties properly.

There are situations when the parties prescribe conditions that are unfavorable for the contractor.

Many people probably know what a motivated refusal is. This official document a person communicates his refusal to perform certain work or comply with requirements. A citizen who has received a reasoned refusal from government agencies has the right to go to court to protect his rights.

It is often necessary to justify your refusal if a person refuses to provide certain services, does not want to sign an agreement due to some of its conditions, or a certificate of work performed due to their unsatisfactory quality.

To draw up a reasoned refusal, it is important to have an initial document and analyze it. If you disagree with its points, you must indicate this in written refusal, referring to the legislation.

Reasoned refusal to hire

According to the law, each employer has the right, at its own discretion, to resolve personnel issues related to the selection, distribution and dismissal of personnel. Often candidates for a particular position have to be rejected. In this case, the employer is obliged to justify his decision with legal acts.

For a refusal to hire to be justified, the employer must act as follows:

• make sure that the applicant is not a person prohibited by law from refusing employment;
• establish legitimate reasons for refusing to hire an applicant;
• notify the applicant of the refusal to hire, citing legal grounds;
• draw up a written reasoned refusal to hire if the applicant requires justification for a negative answer;
• hand over the refusal to the applicant in person or by mail.

Reasoned refusal to sign the work completion certificate

Disagreement to accept the completed work most often arises when resolving construction issues. Upon completion of construction work, the contractor is obliged to provide the customer with an acceptance certificate for the work performed. The second has the right not to sign this document, but his reasoned refusal must be justified by legislative acts.

A reasoned refusal to sign a work completion certificate may be based on the following points:

• the contractor did not complete the work within the agreed time frame, which is why the client’s interest in fulfilling the contract was lost. A refusal will be considered justified only if the customer provides evidence that the result of the work performed, due to the delay in its completion, has lost its significance and economic benefit for him;
• the contractor is not satisfied with the quality, volume and cost of the work performed. If the reasons for the refusal are based on shortcomings that the customer can eliminate independently, such a refusal is considered unmotivated;
• After the work was completed, the contractor did not invite the customer to receive them, and also did not submit the documents provided for in the contract.

If the client provides a reasoned refusal to accept the work, the contractor may submit to the court evidence that the work he performed is of high quality, completed in full and within the agreed period. If the court finds the refusal unmotivated, the customer is obliged to accept the finished work and pay the contractor for it in full.

Features of motivated refusal

Refusal to comply with certain requirements must be directed in an appropriate manner. To do this, it is necessary to hand over the document personally to the person to whom the refusal is sent, or by mail, and then receive confirmation of delivery of the documents to the recipient. If this is not done, it is impossible to establish that a reasoned refusal was nevertheless sent.

Often, contracts between the contractor and the client stipulate the deadlines for sending a reasoned refusal. If the client does not direct it within this period and does not accept the completed work, the contractor has the right to assume that it has been accepted by default. And sign the work acceptance certificate unilaterally. In this case, the customer is obliged to pay for the services of the contractor.

The counterparty violated its obligations, and the company drew up a reasoned refusal to accept work or services. After sending the refusal, you need to save the documents that confirm the sending.

Reasoned refusal to accept

The Contractor undertakes to perform work or services and transfer the result to the customer. The latter must accept them if the result is satisfactory. But if the contractor fulfilled his obligations improperly or violated them, the customer makes motivated act on refusal to accept work or services. In the refusal, the customer must, with reference to the contract, justify which agreements the contractor violated. It is necessary to list all the shortcomings of the work or services.

You can send a reasoned refusal by courier. In this case, it is necessary to obtain a signature from the authorized person of the performer. She will confirm delivery of the document.

Judicial practice in disputes regarding refusal of acceptance

Practice knows many examples when the customer could not defend his position.

For example, the court recognized the unilateral act of acceptance of work as valid, since the customer did not have evidence of sending a reasoned refusal, see. From the resolution:

“... the customer did not fulfill his counter-obligations under the contract, unreasonably avoided signing certificates of work performed and payment for work performed design work on the basis of the invoices presented by the plaintiff, despite the fact that the result of the work transferred by the plaintiff remained at the disposal of the customer and had consumer value for him...

The company did not properly confirm its arguments and did not provide evidence of sending the contractor a reasoned refusal to accept the work, indicating specific deficiencies in the work performed or a prepared examination on project documentation. The parties also did not draw up an act with a list of shortcomings, necessary improvements and deadlines for their implementation.”

Deadline for sending refusal of acceptance

Sometimes contracts contain a period within which the customer must submit a refusal. If he does not do this, the contractor will consider that the work was accepted “by default” and will demand payment. The court may side with the contractor (,).

Description of the contents when sending a refusal of acceptance

There are contractors who abuse their responsibilities. They do not specifically create a general department or office that receives documents. Their representatives may not accept the document or sign without deciphering the last name and indicating the position. At the court hearing, such executors deny the fact that any comments were sent to them. If the customer refers to a reasoned refusal with a note of receipt, they do not admit that the signature was carried out by their representative.

Sending documents by mail with a list of attachments will help you avoid the problem. The receipt and list of attachments with a postal stamp will serve as evidence of proper dispatch in court. It is necessary to save not only the inventory, but also the Russian Post receipt. Practice knows examples when the inventory itself was not recognized as evidence of proper dispatch ().

If the customer's company has special service, which sends out all correspondence, you need to ask its employees for a copy of the register of postal items and the Russian Post receipt. You should not limit yourself to sending a reasoned refusal by email. This method is suitable for working with a conscientious contractor. He will receive a reasoned refusal faster and will be able to quickly correct shortcomings. However, even in this case, it is better to protect yourself and duplicate the refusal by mail with a list of attachments and notification. This method will allow you to prove timely notification of the contractor about defects if a legal dispute arises, see, for example,. From the resolution:

“... acceptance of the work performed to ensure that its volume and quality meets the requirements set out in the contract and estimate documentation is carried out by the customer no later than 10 days after receiving the full set of documents.

The parties agreed on the following procedure for the delivery of work: after completion of the work, the contractor notifies the customer in writing about the completion of the work in accordance with the technical specifications and no later than one business day after the customer receives the notification, sends him a set of reporting documentation stipulated by the contract, and a work acceptance certificate...

... the reasoned refusal to accept the work is contained in the customer’s letter dated ..., which was sent to the contractor by e-mail ... and by mail ..., which is confirmed by the inventory of the attachment. The letter contains a list of objects where the work has been completed in full, accepted and paid for, and objects where the work has not been completed.”