Enhanced Qualified Electronic Signature and Its Legal Status in Court

Contract Law Contract for work and services Russia

How a Contractor Can Recover a Retention Payment Under a Contract for Work and Services

A guarantee retention is a portion of the payment under a contract for work and services that the client withholds from settlements with the contractor for the duration of the warranty period for the quality of the completed work. As a rule, a few percent of the contract price is withheld, and the amount and conditions for its return are specified in the contract. In practice, the contractor receives this money with a delay — after the agreed warranty period has expired or after other conditions have been met (for example, the commissioning of the facility), provided that the client has no claims regarding the quality of the work.

Contract Law Contract for work and services Russia

How to Recover Payment for Additional Work Under a Contract For Work and Services?

A contract for work and services assumes that the contractor performs the agreed scope of work for a specified price. However, in practice, additional work often arises that was not included in the original estimate or technical documentation. The issue of payment for such work frequently becomes a stumbling block between the client and the contractor. This article explains when the client is obliged to pay for additional work, how to document it properly, and what actions the contractor should take if payment cannot be obtained.

Contract Law Contract for work and services Russia

How to Challenge a Contractor’s Reference to Design Defects and Underestimation of Work Volume

Disputes in construction regarding the quality of design documentation and the scope of work are common. Often, when facing the customer’s claims, the contractor tries to justify themselves by referring to alleged “defects” in the project documentation or unforeseen circumstances, as well as by arguing that the initial work volume was underestimated. In other words, the contractor asserts that additional work had to be performed beyond the scope of the contract or that the quality of the result suffered due to circumstances beyond their control.

In such cases, the customer has the right to challenge the contractor’s arguments. Such conflicts are governed by Chapter 37 of the Civil Code of the Russian Federation on contracts for work and services and are generally considered by arbitration courts.