15 risks of concluding a contract for the customer and the contractor
Posted: Wed Jan 22, 2025 5:02 am
The absence in the contract of work of a condition on the tangible result of the work.
In the event that the parties enter into a contract for the performance of an activity that does not result in a tangible object (for example, technical maintenance of buildings and structures, transport services or property security, etc.), then, according to the current legislation, such a contract may be recognized as a document for the provision of paid services in accordance with paragraph 1 of Article 770 of the Civil Code of the Russian Federation. Therefore, the customer does not have the right to demand that the contractor transfer the result of the work to him. He also does not have the opportunity to refuse payment due to the fact that the contractor did not transfer the acceptance certificates. This is explained in Chapter 39 of the Civil Code of the Russian Federation, which states that a contract for the provision of paid services does not provide for the obligation of the contractor to provide a tangible result.
Failure to agree on the condition of compliance of the quality of work with the requirements of documents applied voluntarily.
If, when concluding a contract, its overseas chinese in europe data participants did not stipulate that the properties of the work performed must comply with any standards or other documents, then the contractor does not have the need to comply with them in accordance with paragraph 1 of Article 770 of the Civil Code of the Russian Federation. The customer cannot evade the fulfillment of his obligations to pay for the result of the work, nor make claims regarding the quality.
Establishing a short warranty period or its absence.
If the contract does not specify the period for fulfilling obligations regarding the result of the activity, then in accordance with paragraph 2 of Article 724 of the Civil Code of the Russian Federation, the customer may make demands related to various deficiencies, provided that they were discovered no later than two years from the date of transfer of the result of the work.
Calendars
Source: shutterstock.com
In the event that the contract specifies a warranty period of less than two years, and the customer discovers any defects after this period, he can make a claim to the contractor. It is important to remember that the identification of defects must occur no later than a two-year period from the moment the client accepted the result of the work. In this case, the customer will be obliged to prove that the occurrence of defects occurred before the acceptance of the results of the activity, or is a consequence of reasons that arose before the delivery.
Thus, it becomes clear that if the contract does not stipulate a warranty period, the contractor bears certain risks. For two years, he must be responsible for possible defects that could have arisen not through his fault, but as a result of improper operation. In the case where the warranty period is specified in the document, the contractor is responsible only for faults that arose during this period. But if this time is less than two years, the customer has the right to make claims for the defects that have arisen, and he must prove that they appeared before the acceptance of the results of the work, or are a consequence of reasons that appeared before the delivery.
It is important to kno
In the event that the parties enter into a contract for the performance of an activity that does not result in a tangible object (for example, technical maintenance of buildings and structures, transport services or property security, etc.), then, according to the current legislation, such a contract may be recognized as a document for the provision of paid services in accordance with paragraph 1 of Article 770 of the Civil Code of the Russian Federation. Therefore, the customer does not have the right to demand that the contractor transfer the result of the work to him. He also does not have the opportunity to refuse payment due to the fact that the contractor did not transfer the acceptance certificates. This is explained in Chapter 39 of the Civil Code of the Russian Federation, which states that a contract for the provision of paid services does not provide for the obligation of the contractor to provide a tangible result.
Failure to agree on the condition of compliance of the quality of work with the requirements of documents applied voluntarily.
If, when concluding a contract, its overseas chinese in europe data participants did not stipulate that the properties of the work performed must comply with any standards or other documents, then the contractor does not have the need to comply with them in accordance with paragraph 1 of Article 770 of the Civil Code of the Russian Federation. The customer cannot evade the fulfillment of his obligations to pay for the result of the work, nor make claims regarding the quality.
Establishing a short warranty period or its absence.
If the contract does not specify the period for fulfilling obligations regarding the result of the activity, then in accordance with paragraph 2 of Article 724 of the Civil Code of the Russian Federation, the customer may make demands related to various deficiencies, provided that they were discovered no later than two years from the date of transfer of the result of the work.
Calendars
Source: shutterstock.com
In the event that the contract specifies a warranty period of less than two years, and the customer discovers any defects after this period, he can make a claim to the contractor. It is important to remember that the identification of defects must occur no later than a two-year period from the moment the client accepted the result of the work. In this case, the customer will be obliged to prove that the occurrence of defects occurred before the acceptance of the results of the activity, or is a consequence of reasons that arose before the delivery.
Thus, it becomes clear that if the contract does not stipulate a warranty period, the contractor bears certain risks. For two years, he must be responsible for possible defects that could have arisen not through his fault, but as a result of improper operation. In the case where the warranty period is specified in the document, the contractor is responsible only for faults that arose during this period. But if this time is less than two years, the customer has the right to make claims for the defects that have arisen, and he must prove that they appeared before the acceptance of the results of the work, or are a consequence of reasons that appeared before the delivery.
It is important to kno