What kind of refusal to sign an act is motivated? Sample of a reasoned refusal to sign a certificate of completion of work sample

On the same day, you were asked to accept the work and were handed over Certificates of completed work, form KS-2 No. 000/00, and certificates in form KS-3, No. 000/00 for acceptance of work performed” are falsified by the contractor and do not correspond to reality, and also not are confirmed by documents. The above fact additionally confirms the legality of the termination of the Contract by the customer unilaterally due to significant violations of the terms of the Contract committed by the contractor during the validity of the Contract, as well as after its termination.

1. According to Art. […] of the Civil Code of the Russian Federation, a customer who has received a notification from the contractor about the readiness to deliver the result of the work performed under the construction contract or, if provided for by the contract, the completed stage of work, is obliged to immediately begin accepting it.

In accordance with paragraph.

Refusal to sign the work completion certificate

Attention

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. The 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 shortcomings 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.
Judicial practice in such cases is clear - the court will side with the performer.

Act of refusal to sign the act

Info

In the said act and appendices to the improper notification there is no named document or references to it. With this letter, XXX LLC demands that the agreed settlement be provided.

The customer discovered other shortcomings that preclude the possibility of using the result of the work. According to Art. […] of the Civil Code of the Russian Federation, the customer has the right to refuse to accept the result of work if deficiencies are discovered that exclude the possibility of its use for the purpose specified in the construction contract and cannot be eliminated by the contractor or customer.

Important

In accordance with the subject of the previously valid Agreement, the contractor undertook to manufacture and install a warehouse from LMK. As stated in the “Construction Dictionary”, “a warehouse is a room (also a complex of them) intended for storage material assets and provision of warehouse services.

Reasoned refusal to accept work or services

In the said claim, the Customer set a deadline for the contractor to fulfill the Customer’s legitimate demands. The customer regrets to note the following.
Despite the receipt by the contractor of the above correspondence, the Customer’s requirements were not satisfied and were ignored by the contractor. Thus, the contractor, in violation of current legislation, did not provide a timely response to the above claim.
Thus, the contractor confirmed his reluctance to resolve controversial issues through negotiations. The customer repeatedly asks the contractor to fulfill the legitimate requirements set out in the above complaint. The customer also discovered other shortcomings in the work performed, which will be reported additionally.

How to draw up a reasoned refusal to accept work or services

According to the subject of the previously valid Agreement, “the contractor was obliged to perform work ... in accordance with Project documentation and Local estimate approved by the Customer and the Contractor.” As of the date of termination of the Contract and receipt of improper notification, the Project Documentation was not submitted to the customer for approval. XXX LLC did not receive any notifications and/or warnings about the need for its provision and/or approval by the customer, about the suspension of work by the contractor. Thus, the improper notification and the documents attached to it do not correspond to the Project Documentation approved by the customer.

1. According to Art.

Additionally, we note that violation of the deadline for completing work/services may be grounds for the imposition of penalties on the part of the customer, but not a basis for refusing to accept the work performed. A letter with a reasoned refusal to provide unnecessary technical documentation.

Sample. Compilation algorithm. Recommendations for actions During the work acceptance procedure, the Customer refused to sign the KS-2 acts, citing the fact that the documentation provided by the Contractor was not complete. It is required to compose a corresponding letter and send it to the Customer.
The algorithm for composing a letter implies that the letter must contain mandatory clauses. Event specified. o During the work acceptance procedure, the Customer refused to sign the KS-2 acts, citing the fact that the documentation provided by the Contractor was not complete. The date of the event is indicated.
Construction contracts, contracts for design and survey work are regulated by special rules, namely Articles 740 – 757, 758 – 762 of the Civil Code of the Russian Federation. At the same time general provisions on contracting are applied unless otherwise specified by the above-mentioned norms. According to Article 740 of the Civil Code of the Russian Federation, under a construction contract, the contractor undertakes, within the period established by the contract, to build a certain object on the instructions of the customer or to perform other construction work, and the customer undertakes to create for the contractor necessary conditions to carry out the work, accept the result and pay the agreed price.

According to the Civil Code of the Russian Federation, under a construction contract, the contractor undertakes, within the period established by the contract, to build a certain object on the instructions of the customer or to perform other construction work, and the customer undertakes to create the necessary conditions for the contractor to carry out the work, accept their result and pay the agreed price. According to Art. […] of the Civil Code of the Russian Federation, the contractor is obliged to carry out construction and related work in accordance with technical documentation, defining the volume, content of the work and other requirements for it, and with an estimate determining the price of the work. In accordance with Art. […] of the Civil Code of the Russian Federation, payment for work performed by the contractor is made by the customer in the amount provided for in the estimate, within the time frame and in the manner established by law or the construction contract.

Sample of a reasoned refusal to sign a certificate of completion of work sample

The Contractor begins to carry out subsequent work only after the Customer has accepted the hidden work and has drawn up inspection reports for this work.” Thus, if the contractor carried out any work, the contractor was obliged to notify the Customer about the readiness of critical structures and hidden work. Unfortunately, the Customer did not receive the above notices. Also, the Customer did not receive any notifications about the need to accept critical structures and hidden work, as well as the need for their survey.

Please note that payment for work performed in accordance with the terms of the previously valid Agreement and the provisions of the law is made dependent on the provision of the above-mentioned documents to the customer. In the inadequate notification and its appendices, there is no notice of the readiness of critical structures and hidden work, or certificates of inspection of these works.

If there are any additional documents, they must be added to the act, marked as a separate paragraph. What to pay attention to when drawing up an act When drawing up an act, as well as when writing it, you can rely on your own vision of the document, since the law does not impose any special requirements on this parameter. The act can be written on a simple blank sheet of paper or on the organization’s letterhead. You can enter information by hand (with a ballpoint pen of any dark color, but not a pencil) or type it on a computer. It is important to comply with the condition: the act must contain the signatures of its immediate compiler and the employees present - their autographs will indicate that all the information entered in the document is correct.

A reasoned refusal is an official document that implies a renunciation of any actions or demands. Such documents are very popular among counterparties in various industries and their clients. When drafting such a disagreement, you should consult with an experienced lawyer. After all, if it is drafted incorrectly, the other party may file a claim in court.

Reasoned refusal to sign the work completion certificate

Mutually beneficial relationships arise between customers and clients. But one of the parties is not always satisfied when the transaction is completed. Therefore, a reasoned refusal should be drawn up for the performer. These legal relations are regulated by Chapter 37 of the Civil Code of the Russian Federation.

Reasoned refusal from signing the act of services or work rendered is drawn up by the customer in the event of poor quality work performed by the contractor, and in some cases, failure to complete the work at all.

The customer has every right to refuse to accept the work before its final completion. But at the same time, he is obliged to pay the contractor an amount that corresponds to the work already completed.

How to formalize a reasoned refusal to accept work?

The customer has the right to issue a reasoned refusal in cases where the contractor does not fulfill his obligations under the contract, which lead to a deterioration in the quality of work that is not acceptable. The contractor, in turn, must eliminate all deficiencies at his own expense. The contractor also has the right to redo all the work again without resorting to troubleshooting.

If all problems and malfunctions in operation are not eliminated or are eliminated, but not fully. And according to the customer, this work is not acceptable - he has the right to write a renunciation of her, which will be motivated. The customer does not have the right to refuse any work performed by the contractor if this is described in the contract.

The customer has the right to demand from the contractor:

• V as soon as possible eliminate all shortcomings;
• reduction of the price that was established at the conclusion of the contract;
• reimburse your expenses if the customer is involved in troubleshooting.

In a situation where the contractor considers the dismissal to be unmotivated and unfounded, he has the full right to sue the customer. Since in case of refusal to accept the work, the contractor is not paid the due fee. And if it is paid, then not in full, but partially.

Justified refusal to accept goods

In most cases, deviation from acceptance of goods directly depends on its quality and appearance. When concluding a contract, the customer must indicate all aspects of the desired product; if at least one of them does not correspond, he then has the right to refuse it.

Checking a product for quality takes from 24 hours to 20 days, depending on the type of product. Perishable products are checked for compliance with the quality specified in the contract within 24 hours. Also, before acceptance, the customer has the right to check both all and selected goods for compliance with the drawn up contract.

It is necessary that the product has a presentable appearance if it is a single piece. And if it consists of several items, then checking for the presence of all components is mandatory. If the appearance of the product or its packaging is damaged, the customer also has the right to write a waiver or request a significant price reduction.

Read about the jurisdiction to choose the plaintiff

Waiver of loan insurance

Not everyone likes loan insurance, because not only do you have to pay the amount of the loan and interest on it, but there are also extra costs for its insurance. Therefore, many people are wondering how to write an application for waiver of loan insurance.

Credit insurance is beneficial for both the insurance company and the lending institution. After all, all credit institutions want to be insured against non-payment cash by their clients. As a rule, banks create several loan products - with the purchase insurance policy and without. In cases where purchasing a policy is not necessary - interest rate very high. For citizens, such conditions are unacceptable. Therefore, our legislation has introduced such a concept as waiver of loan insurance.

When writing something like this official document, insurance company is obliged to return the insurance premium to the payer within five working days.

The essence of a reasoned refusal of an industry agreement

The industry agreement is a regulator in labor relations between workers and employees of any industry. It can be concluded at the regional, federal and interregional levels. Termination of the agreement itself or rejection from it can be prescribed when it is drawn up, but with the consent of all parties who made it.

The reasons for motivated resignation can be various kinds of criteria, for example, economic, organizational, technological, and so on. If situations arise when one of the parties desires to write a refusal, it is obliged to communicate its intentions in writing to the other parties to the agreement.

A reasoned refusal to accede to a regional agreement can only serve as a postponement of the agreement for a certain period, or it can mean a complete reasoned rejection of the agreement.

How to write a reasoned refusal

The desire to abandon one’s obligations under the contract arises only in the presence of unfavorable indicators. The refusal document can be written by both the customer and the contractor.
In such a document, it is important to explain the reason for your termination of the agreement and what circumstances influenced this. It is also necessary to provide links to legislative acts, which will confirm the motivation of your refusal.

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.

Judicial practice in such cases 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 SZZ 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 technical nuances and rules for performing individual work. 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 confirms judicial practice, in particular, the resolution of the AS MO dated December 25, 2014 in case No. A40-96770/14.

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, it 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 September 7, 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 Moscow Court in case No. A40-218037/2014, the Moscow City Court in case No. A40-55724/2012, and the UO Court 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-written reasoned refusal is not taken into account by the court when resolving a case due to the lack of evidence that it was sent 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. Proof 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 by 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.

Positions of the highest courts under Art. 753 Civil Code of the Russian Federation

1. The customer, having received the contractor’s message about the readiness for delivery of the result of the work performed under the construction contract or, if provided for by the contract, the completed stage of work, is obliged to immediately begin accepting it.

2. The customer organizes and accepts the result of the work at his own expense, unless otherwise provided by the construction contract.

As provided by law or otherwise legal acts In cases where the work results are accepted, representatives must participate government bodies and local governments.

3. The customer, who has previously accepted the result of a separate stage of work, bears the risk of the consequences of death or damage to the result of work, which did not occur through the fault of the contractor.

4. Delivery of the work result by the contractor and its acceptance by the customer are formalized, signed by both parties. If one of the parties refuses to sign the act, a note to this effect is made in it and the act is signed by the other party.

A unilateral act of delivery or acceptance of the result of work can be declared invalid by the court only if the reasons for refusing to sign the act are recognized by it as justified.

5. In cases where this is provided for by law or a construction contract or follows from the nature of the work performed under the contract, acceptance of the result of the work must be preceded by preliminary tests. In these cases, acceptance can only be carried out with a positive result of preliminary tests.

6. The customer has the right to refuse to accept the result of work if deficiencies are discovered that exclude the possibility of its use for the purpose specified in the construction contract and cannot be eliminated by the contractor or customer.

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[Form (corner stamp) of the organization,

date, registration number]

In [name of contractor/performer]
[insert address]

Reasoned refusal
from signing the certificate of completion of work (provision of services)

[date, month, year] [name of customer] accepted the work performed (services provided) under the contract [subject of the contract] N [value] dated [date, month, year] (hereinafter referred to as the contract).

During the acceptance process, the quality of work (services) was checked in terms of their compliance with the terms of the contract.

As a result of the inspection, the following was established: [indicate identified non-compliance of works/services with the terms of the contract].

These shortcomings indicate that the work (services) does not comply with the terms of clause [meaning] of the contract, which is the basis for refusing to sign the certificate of completion of work (provision of services).

Based on the above, we express our refusal to sign the certificate of completion of work (provision of services) under the contract [subject of the contract] N [value] dated [date, month, year].

[position, signature, initials, surname of the person who signed the refusal]

[day, month, year]

Delivery and acceptance of work under Art. 753 of the Civil Code of the Russian Federation, judicial practice 2015

Contractors often face the same problem in their work - the work is done, but payment is never received. You are trying to at least sign the certificate, but the customer refuses to sign the certificate of completed work. Having lost patience, you go to court.

And here the main question arises - how to prove that the work was actually performed if the customer does not sign the certificate of completion?

The situation may become more complicated. For example, when concluding a contract you received an advance. And now the customer, under the pretext that the work has not been completed, files a counterclaim to recover the unpaid advance payment!

In practice, such unscrupulous customers are not uncommon. If you have not built the right strategy, you may be left not only without payment for the work performed, but also in debt.

Any entrepreneur can find himself in this situation.

HOW TO SAVE THE SITUATION?

If the customer does not sign the work completion certificate, we offer an integrated approach to solving the problem

We will tell you what to prevent such trouble, and how to behave correctly if it does occur.

Remember, the most important thing is your vigilance. All similar situations are united by the frivolous attitude of the contractor himself to the preparation of documents!

And an unscrupulous customer happily takes advantage of this!

WhatWhat you need to do to prevent problems:

At the stage of concluding a contract, it is necessary to agree on conditions that will provide you with an invaluable service in the future:

• In your standard contract, include the clause: “If within so many working days from the date of sending the acts, the customer has not raised objections to the contractor regarding the quality of the services provided, then the services are considered accepted by the customer without comments.” The wording may be different, but the essence should be the same.
• It is necessary to specify in detail the procedure for signing certificates of completed work, for example, the certificate is transferred to an authorized representative of the customer or sent by registered mail with a description of the investment at the customer’s address, which is indicated in the contract. Thus, you will deprive the customer of the opportunity to claim that he did not or could not receive the act, because he indicated the address for sending correspondence himself.
• Also, to complete the picture, you can add a clause that in case of a change in the address for receiving correspondence, the customer is obliged to notify the contractor in writing, otherwise sending for the signing of acts of completed work at the previous address is considered proper execution of the contract.

What to do if the customer already refuses to sign certificates of completed work

• The signing of the work completion certificate can take place unilaterally: you simply sign the acts yourself. According to the law, the delivery of work results by the contractor and their acceptance by the customer are formalized by an act signed by both parties. However, if one of the parties refuses to sign the certificate of completion of work, then a corresponding note is made in the certificate, and it is signed by the other party unilaterally.
• Record the customer’s refusal to sign the work completion certificate. You can do this yourself in any form, for example, make a mark on the act itself.
• Obtain additional evidence: written notice of the completion of work and the date of its acceptance, evidence of sending the act to the customer.
• Collect all possible evidence of the contractor’s presence at the site, completion of certain types of work, and absence of complaints about the work. Here we actively use such documents as a logbook, inspection reports of hidden work, inspection reports of various commissions, documents from inspecting supervisory authorities, sometimes even the testimony of witnesses is used.

MOST INTERESTING: Shortcomings in work can also become an ace in the hole!

For example, one of our clients was able to prove that the work was completed due to the fact that the work had flaws.

At one time, the customer discovered shortcomings in the finishing work and indignantly convened a commission, which signed an inspection report. All deficiencies were listed in detail in this act. The contractor then corrected the deficiencies on site. But the document drawn up by the commission remained.

After some time, the customer forgot about this incident. After complete completion of the finishing work, he refused to sign the work completion certificate, claiming that the contractor had not started the actual work. To which the contractor, with a smile, presented an inspection report with a list of deficiencies of supposedly uncompleted work!

Each situation is individual. It happens that in addition to the contractor and the customer, there is a general contractor, and then the delivery of work and the signing of acts can become even more complicated. Therefore, we study all the documents, raise similar judicial practice if necessary, and ultimately develop a solution that will protect our client as much as possible.

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This is exactly what the hero of today’s novel did and this is what came out of it.

So. Resolution of the Federal Antimonopoly Service of the Ural District dated December 12, 2013 in case No. A34-1297/2013.

The plot of this arbitration case is prosaic.

An agreement was concluded between the plaintiff and the defendant, in accordance with the terms of which the contractor undertook to supply, and the customer to accept and pay for, the goods in accordance with the invoice, which is an integral part of the agreement. Also, an agreement was concluded between them, in accordance with the terms of which the contractor undertook to carry out, on the customer’s instructions, the delivery and installation of a PVC profile structure at the site. In accordance with clauses 5.1, 5.2 of the agreement, acceptance of performed services is carried out after the parties have fulfilled all obligations stipulated by the agreement, in accordance with the established procedure established on the date of signing the agreement. Acceptance of performed services and signing of the act is carried out within 3 working days from the date of expiration of the period specified in clause 1.3 of the agreement. If the customer, within 3 working days after the expiration of the period specified in clause 5.2 of the contract, has not accepted the services performed, has not drawn up a report on the presence of defects and has not given any other reasoned refusal to accept the services, the services are considered completed and accepted.

The defendant did not pay for the work. The plaintiff came to court. The first and appellate instances rejected the plaintiff due to the lack of evidence of the work being performed.

The Cassation Court came to a different conclusion.

Cassation opinion.

1. According to clause 4 art. 753 Civil Code Russian Federation delivery of the work result by the contractor and its acceptance by the customer is formalized by an act signed by both parties. If one of the parties refuses to sign the act, a note to this effect is made in it and the act is signed by the other party. A unilateral act of delivery or acceptance of the result of work can be declared invalid by the court only if the reasons for refusing to sign the act are recognized by it as justified.

2. The case materials contain evidence confirming the transfer of the act to the defendant.

3. Also, the courts did not take into account that the materials contain evidence confirming that the work on the facility where the plaintiff actually acted as a subcontractor (author’s comment) was completed in full and accepted by the customer in full.

4. In this regard, the judicial acts are canceled and the case is sent for a new trial.

Our comment.

1. The plaintiff, in our opinion, did what was possible in the current situation: a) transferred the deed and retained evidence of the transfer of the deed; b) proved that the work was performed by presenting evidence of the completion of all work on the site, and not just in part of it.

2. True, even this was not enough in two instances.

Article 720. Acceptance by the customer of work performed by the contractor

Therefore, more evidence is needed. Or the inclusion in the contract of conditions that provide more opportunities for the contractor to prove the work performed.

For example, the conditions that determine the possibility of drawing up acts unilaterally, not only and not so much in connection with the refusal of the other party to sign it.

A unilateral act of performing work under a contract is not sufficient evidence confirming the fact of performing work under a contract. In addition to the act itself, we also recommend submitting evidence to the court confirming the sending of the act to the customer, referring to the terms of the contract (if the parties have determined the authority of the contractor to draw up acts unilaterally and not only in case of refusal to perform the contract), as well as recognition this fact defendant (Article 70 of the Arbitration Procedure Code of the Russian Federation). Performers should remember this at the pre-trial stage when determining a strategy for protecting their interests in court and collecting evidence.

Vitaly Vetrov

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What to do if the customer does not sign the KS-2 or does not pay for the work performed?

If the customer avoids signing acceptance certificates for completed work drawn up in the KS-2 form, or does not pay under the contract, then I offer the contractor the following recommendations.

The contractor has the right to demand payment only for work performed. One of the proofs of the completion of the work is its acceptance by the customer without comments. For example, under a construction contract, such evidence is a certificate of acceptance of work performed and a certificate of the cost of work performed, signed by the customer, drawn up in the form KS-2 and KS-3, respectively. If the contractor has signed by the customer specified documents, then according general rule, the customer’s refusal to pay for work performed is illegal. In this case, the contractor has the right to apply to the court to collect the debt for the work performed.

If the customer refuses to sign the act of acceptance of the work performed, then by virtue of part 2 of paragraph 4 of Article 753 of the Civil Code of the Russian Federation, a unilateral act of delivery or acceptance of the result of work can be declared invalid by the court only if the reasons for the customer’s refusal to sign the act are recognized by the court as justified. However, in this case, the contractor must notify the customer in writing of his readiness for delivery and acceptance of the work performed and attach to the notification at least 2 copies of the acceptance certificate for the work performed KS-2 and certificates of the cost of the work performed KS-3. In the notice, indicate the date, time and place where you will hand over and accept the completed work to the customer.

Art. 720 Civil Code of the Russian Federation - Civil Code

As a rule, the place of delivery and acceptance coincides with the place where the work is performed. As a general rule, acceptance of work must begin no later than 3 working days from the date of notification to the customer, and if the customer or the result of the work are located in another city - no later than 5 working days. Having received notification of readiness for delivery and acceptance of completed work, the Customer must have sufficient time to prepare for acceptance. I recommend sending this notice to the customer with a valuable letter with a description of the attachment. If the work contract specifies a postal address other than legal address, it is better to send notifications to two addresses. This will allow you to avoid unnecessary disputes in the future when collecting debt for work performed.

As judicial practice shows, the presence or absence of evidence of notification of the customer about the delivery and acceptance of the work performed will be one of the decisive factors for the court to satisfy the contractor’s claim to recover the cost of the work performed. If there is no such notice, and there is also no convincing evidence of the contractor’s performance of work, the claim will be denied. If the notice is submitted to the court, but the customer did not appear for acceptance of the work performed, and did not present motivated objections to the acceptance certificates for the work performed, then the court will most likely satisfy the contractor’s claim to collect the debt for the work performed on the basis of the act unilaterally drawn up by him.

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