Complaint about work of inadequate quality

CLAIM

"___"____________ 20___ I and _______________________________ entered into 2 Agreements for the delivery of building materials and the construction of a house, entitled “Agreement of Assignment” and “Agreement for the provision of services for the construction of a country house.” From the texts of the contracts it follows that these are construction contracts.

The obligations assumed under the Contracts were fulfilled by me in full, within the time limits established by the contract.

At the same time, the obligations assumed by the Contractor were fulfilled improperly: there are multiple defects. The beams, floorboards and linings are infected with fungus and have turned black. There are also other shortcomings indicated in the consumer’s first application to your organization.

The above is considered poor quality performance of work by the Contractor under contracts.

In accordance with Art. 4 of the above Law, the contractor is obliged to perform work for the consumer, the quality of which corresponds to the contract. If there are no conditions in the contract regarding the quality of work, the contractor is obliged to perform work suitable for the purposes for which work of this kind is usually used.

Oral and written appeals regarding the elimination of deficiencies in the work performed and non-compliance with construction deadlines did not lead to a positive result.

According to the provisions of Art. 13 of the Law “On Protection of Consumer Rights” dated 02/07/1992. No. 2300-1, for violation of consumer rights, the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) bears responsibility under the law or contract. The Law of the Russian Federation “On the Protection of Consumer Rights” provides for a penalty in the amount of 3 percent of the price of the work for each day of delay for violation of deadlines for fulfilling consumer requirements to eliminate defects in work (Article 31).

Based on the above, guided by the legislation of the Russian Federation and the Law of the Russian Federation “On the Protection of Consumer Rights”

ASK:

• eliminate the shortcomings of the work performed, set out in the consumer’s claim statement before “___”____________ 20___, including replacing low-quality timber, or treating it with an antiseptic, as well as replacing unsuitable building materials with high-quality ones.

Art. 15 of the Law on PPP establishes that a consumer whose rights are violated is compensated for moral damage caused by such a violation. Considering the circumstances, namely the possibility of a pre-trial settlement of this issue, the consumer is not currently claiming compensation for moral damage caused.

Please inform me of the decision taken regarding this complaint at the above address.

In case of failure to comply with the above requirements or evasion of their fulfillment within the time limits established by law, I will file claims in court for compensation for all losses caused, penalties for delay in voluntary satisfaction of consumer demands, penalties under Art. 395 of the Civil Code of the Russian Federation, on the recovery of compensation for moral damage, a fine in the amount of fifty percent of the amount awarded in favor of the consumer, provided for in paragraph 6 of Article 13 of the Law of the Russian Federation “On the Protection of Consumer Rights”, in addition, a state duty may be collected from your organization and performance fee.

Applications:

A copy of the claim statement.

Date Signature

Download the document “Claim with a requirement to eliminate defects in work”

Claim for poor quality work

TO: ___________________________________ ADDRESS: ___________________________________

FROM: ___________________________________ ADDRESS: ___________________________________

“In the procedure of pre-trial settlement of a dispute”

CLAIM

_________________ year between me, ____________________, and you, __________________, Contract Agreement No. __ was concluded, under the terms of which you undertook to carry out work on the construction of a barbecue with a stove, a smokehouse and an adjacent brick table, I, in turn, undertook to pay for the work performed work. The cost of services under the specified agreement amounted to _________ rubles. __________ of the year I paid money in your favor in the amount of ___________ rubles, which is confirmed by a receipt dated ____________. You provided services within the period stipulated by the contract in accordance with the terms of Contract No. __ dated ___________, namely: built a barbecue with a stove , smokehouse and adjacent brick table. After you completed the work, I identified a significant drawback - the tabletop was installed crookedly, which I immediately informed you about, asking you to eliminate the identified drawback. My appeal was ignored, as a result of which I was forced to resort to the help of other persons, for whose work I paid money in the amount of ___________ rubles. Further, as a result of short-term use of the barbecue, a crack formed on its decorative part, which I also informed you about, requesting that the identified defect be corrected. To date, you have not taken measures to eliminate the crack. I do not agree with your actions; I believe that you have violated my rights, as a consumer, to receive services of proper quality.

According to Art. 702 of the Civil Code of the Russian Federation, under a contract, one party (contractor) undertakes to perform certain work on the instructions of the other party (customer) and deliver its result to the customer, and the customer undertakes to accept the result of the work and pay for it. By virtue of Art. 703 of the Civil Code of the Russian Federation, a contract is concluded for the manufacture or processing (processing) of a thing or for the performance of other work with the transfer of its result to the customer. In accordance with Art. 720 a customer who, after accepting the work, discovers deviations from the work contract or other defects in it that could not be identified using the usual method of acceptance (hidden defects), including those that were deliberately hidden by the contractor, is obliged to notify the contractor about this within a reasonable time upon their discovery. The quality of the work performed by the contractor must comply with the terms of the contract, and in the absence or incompleteness of the terms of the contract, with the requirements usually applied to work of the corresponding type. According to 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, the customer has the right, unless otherwise established by law or contract, at his choice to demand from the contractor: free elimination of shortcomings 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 (Article 397). If deviations in the work from the terms of the contract or other shortcomings in the result of the work have not been eliminated within a reasonable period established by the customer or are significant and irreparable, the customer has the right to refuse to perform the contract and demand compensation for losses caused. By virtue of Art. 724 of the Civil Code of the Russian Federation, unless otherwise established by law or a contract, the customer has the right to present claims related to the inadequate quality of the work result, provided that it is identified within the time limits established by this article. Based on clause 2 of Art. 724 of the Civil Code of the Russian Federation, in the case where there is no warranty period established for the result of the work, claims related to defects in the result of the work may be presented by the customer, provided that they were discovered within a reasonable time, but within two years from the date of transfer of the result of the work. Due to the fact that you provided services of inadequate quality, I insist on reducing the price of Contract No. __ from ___________ to _________ rubles with compensation by you for the losses (expenses) I incurred and compensation for moral damage caused to me.

Considering that, to correct the shortcoming in installing the countertop, I hired third parties, for whose work I paid ____________ rubles, and also that as a result of using the material I provided for the construction of the barbecue, the result of high-quality work was not obtained, we should come to the following conclusion: You are obliged to pay __________ rubles in my favor and return the building materials spent on the construction of the barbecue of inadequate quality.

The current situation caused me significant inconvenience and moral suffering, since, when concluding the Contract, I hoped to receive services of adequate quality, which did not happen, and I was faced with rudeness and aggression on your part. To resolve this issue and protect my violated rights, I had to contact various authorities, on which I spent my personal time, as well as money. According to Art. 151 of the Civil Code of the Russian Federation, moral harm is understood as physical and moral suffering caused by actions that violate the personal non-property rights of a citizen or encroach on other intangible benefits belonging to him, as well as in other cases provided for by law. Moral damage is subject to compensation by the causer of harm. I estimate the amount of monetary compensation for moral damage caused to me at __________ rubles. According to the Resolution of the Plenum of the Supreme Court and the Plenum of the Supreme Arbitration Court of July 1, 1996 No. 6/8 “On some issues related to the application of part one of the Civil Code of the Russian Federation,” it is explained that when resolving disputes related to compensation for losses caused to citizens and legal entities by violation of their rights , it must be borne in mind that the actual damage includes not only the expenses actually incurred by the relevant person, but also the expenses that this person will have to make to restore the violated right. It should be noted that in order to protect my violated rights, I was forced to seek legal assistance from LLC “____________”, to whose cash desk I paid _________ rubles. According to Art. 15 of the Civil Code of the Russian Federation, a person whose right has been violated may demand full compensation for the losses caused to him, unless the law or contract provides for compensation for losses in a smaller amount.

Based on the above, guided by Art. Art. 15, 151, 702-724 Civil Code of the Russian Federation,

I SUGGEST:

1. Reduce the price of Contract No. 1 from _________ year to __________ rubles. 2. Pay in my favor in compensation for the expenses I have incurred to pay for the work of third parties who eliminated the defect of the countertop, funds in the amount of __________ rubles. 3. Return to me the building materials I transferred to you for the construction of the barbecue or pay compensation for their cost in my favor. 4. Compensate for the expenses I have incurred in paying for legal services by paying money in my favor in the amount of __________ rubles. 5. Pay in my favor in compensation for moral damage caused to me in the amount of __________ rubles.

If my proposals are not satisfied within 10 days, I will be forced to go to court with a demand for the recovery of funds, with legal costs charged to your account, and a claim for compensation for moral harm and damages. In addition, in this regard, I will be forced to contact the prosecutor's office and the police.

APPENDIX: copy of the contract dated _________; a copy of the receipt and check of LLC "_______"; a copy of a document confirming payment for the work of third parties to eliminate the defect in the countertop.

"__"________________ G. _____________/_____________/

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Grounds for claim

Poor quality of work performed under a contract for the provision of services or a contract is understood to mean their non-compliance with the contractual conditions. That is, the quality itself, in this case, can be determined by the contract.

If we assume that the parties to the construction contract agreed to build a residential building using American technology from SIP panels, and the contractor built a strong house from bricks, the customer has the right to regard the work as poor quality, since it does not correspond to the results that he expected from the work contractor.

If the contract provided for high-quality construction in accordance with building codes, then the grounds for dissatisfaction with the customer would be the non-compliance of the work product with these building codes.

At the stage of filing a claim, quality assessment is usually carried out visually - a crooked wall, a slanting window, an uneven roof, peeling wallpaper, etc. However, it is quite acceptable to invite a specialist or expert who will conduct a qualified assessment of the work and present his conclusion.

Based on this conclusion, the customer will be able to calculate the damage caused to him and demand correction of defects or termination of the contract with the return of the remuneration paid to the contractor or service provider.

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Information for the document

A work contract is a common type of civil law transaction. Legal relations related to the contract are regulated by Chapter 37 of the Civil Code of the Russian Federation. At the same time, the Civil Code of the Russian Federation provides for several types of construction contracts. Under the terms of the contract, one party undertakes to perform certain work ordered by the second party and deliver the results to the customer, and the second party undertakes to accept the results of the work and pay for them.

Features of document preparation

1. Completed claim form
2. Legislation in the field of contract agreements
3. What is a claim and when is it submitted?
4. What to include in your claim
5. How to submit a claim

Legislation in the field of contract agreements

Following Chapter 37 of the Civil Code of the Russian Federation, legal relations related to certain types of work contracts can be regulated by other legal acts. For example, the Federal Law “On the Protection of Consumer Rights” also applies to legal relations related to a household contract. Legal relations related to construction contracts are also regulated by:

• Town Planning Code of the Russian Federation;
• Building codes and regulations (for example, SNiP 02/31/2001 “Single-apartment residential houses”);
• Federal Law “On state registration of rights to real estate and transactions with it”, etc.

What is a claim and when is it submitted?

Regardless of the type of contract, the contractor is obliged to perform work in accordance with the terms of the contract. And the customer is obliged to accept the result of properly performed work and pay for it. The claim is sent to the party to the contract that violated its contractual obligations. Claim – a written objection and/or demand sent to a party that has violated its contractual obligations.

Important! The text of the agreement must clearly stipulate the procedure for the claim settlement of the dispute, as well as the procedure for unilateral refusal to fulfill the terms of the agreement.

Accordingly, a party can submit a claim only if its terms have been violated.

What to include in your claim

The text of the claim must indicate the details of the parties (name, address and other data). You must also indicate:

• date of conclusion of the agreement;
• agreement number;
• item.

It is also necessary to indicate the clause of the contract that was violated. In addition to referring to the relevant clause of the contract, it is also necessary to make reference to the relevant legislative provisions.

For example, if the contractor violated the terms of the work and the customer, who paid a certain amount of money as an advance payment, decided to terminate the contract ahead of schedule, then in this case it is necessary to indicate the need to return the funds, making reference to Art. 823 of the Civil Code of the Russian Federation (commercial loan). It is also necessary to make a reference to Art. 809 of the Civil Code of the Russian Federation (accrual of interest for the unlawful use of funds).

In this case, it is also necessary to indicate a certain deadline for fulfilling the customer’s requirements. If these requirements are not met within the time period specified by the customer, the customer may file a claim in court.

The claim must be accompanied by a copy of the contract, a calculation of the amount to be paid (if, of course, such a requirement is made), as well as other documents proving the correctness of the party that sent the claim.

The text of the claim is signed by the party to the contract or a person authorized by him. If the party to the agreement is a business entity, then it is advisable to put a stamp on the text of the claim.

How to submit a claim

The claim must be sent by registered mail with notification of receipt of the letter by the recipient.

In addition, the letter of claim can also be served directly at the recipient’s office. In this case, it is necessary to make 2 copies of this letter. In this case, the second copy must be affixed with an appropriate stamp, which indicates that the recipient has received the claim.

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