Is it possible to draw up a certificate of acceptance of completed work unilaterally?

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CANCELLATION OF DECLARATION (NOTICE) ON THE BEGINNING OF CONSTRUCTION WORK

QUESTION - 37: Does improper documentation of the act of acceptance of work affect their non-signing by the customer?

It has an impact, but minimally! Improper documentation of the act does not indicate an unconditional inconsistency of the content of the work performed. Since the legal consequences are created by the actual performance of the work, and not by the primary documents where it is recorded. Conclusion of the Supreme Court of 02.06.23, case 914/2355/23.

QUESTION - 38:
Yes, it is possible under two conditions: the first - the contract work has been completed, special database the second - the customer has unreasonably refused to sign the act without providing explanations. This is enshrined in the legislation in Part 4 of Article 882 of the Civil Code.

QUESTION - 39: How can a customer protect himself from claims by a contractor based on a unilateral act?

The act of acceptance of the work performed can be signed by the contractor if there is an unjustified refusal of the customer, therefore the customer must justify his refusal. To do this, it is necessary to explain to the contractor what exactly was done wrong, where there are deviations, etc. In court, in such a situation, it is the customer who must prove the fact of the illegal signing of the act unilaterally! For example, this can be proven by conducting a forensic construction examination or ordering an expert opinion to the court.

QUESTION - 40: Is a contractor who discovers during construction work not taken into account in the design documentation and the need for additional work and an increase in the estimate required to do so, obliged to notify the customer about this?

Yes, he is obliged to inform the customer about this and this is stated in Article 877 of the Civil Code. Works not taken into account in the design documentation are those works that were not directly foreseen, were not planned for planning, and the need for their implementation arose already at the construction stage. A certain estimate is allocated for the design construction, which usually provides for costs less than the actual ones.