How to Submit a Claim Against a Contractor for Defective Construction Works

A claim against a contractor for defective construction works is governed by the provisions of the Civil Code of the Russian Federation. The key regulations include:

• Article 720 of the Civil Code of the Russian Federation;
• Article 723 of the Civil Code of the Russian Federation;
• Article 724 of the Civil Code of the Russian Federation;
• Articles 740–757 of the Civil Code of the Russian Federation.

Under Article 720 of the Civil Code of the Russian Federation, the customer is obliged to inspect the result of the works upon acceptance and is entitled to declare defects. If defects are identified, an inspection report is drawn up and the contractor must be notified.

Article 723 of the Civil Code of the Russian Federation establishes the main rights of the customer: to demand free elimination of defects within a reasonable period, a proportionate reduction of the price, reimbursement of expenses for rectification carried out independently or with the involvement of third parties, as well as to refuse the contract in the event of material breaches.

Article 724 of the Civil Code of the Russian Federation determines the time limits for submitting claims. A claim may be submitted both at the time of acceptance and during the warranty period, and if no warranty period is established, within a reasonable time.

Articles 740–757 of the Civil Code of the Russian Federation regulate construction contracts. They establish the contractor’s obligations regarding quality, the procedure for handover and acceptance, allocation of risks, and liability for improper performance of the contract.

When a Claim Is Submitted Against a Contractor

A claim against a contractor is submitted in cases where the result of the construction works does not comply with the terms of the contract or statutory requirements.

The most common situation is the discovery of defects upon acceptance. In accordance with Article 720 of the Civil Code of the Russian Federation, the customer is obliged to inspect the result and, if defects are identified, record them in an inspection report. The contractor must be notified of the defects and is required to respond to the remarks.

A claim may also be submitted after acceptance certificates have been signed if defects are identified within the warranty period. In such cases, the customer retains the right to demand elimination of defects or reimbursement of expenses.

A specific category includes cases of incomplete works. If the contractor has not completed construction or has performed only part of the obligations, the customer is entitled to submit a pre-trial claim against the contractor for uncompleted works. The claim records the scope of outstanding works and specifies the requirement to eliminate them or reimburse expenses.

In addition, submitting a claim is an element of the pre-trial dispute resolution procedure. For arbitration proceedings, this is a mandatory stage without which the claim will not be considered by the court.

What a Claim Letter Must Contain

A claim against a contractor for defective construction works must be made in writing and include mandatory elements.

The header specifies the details of the parties, the number and date of the construction contract, and the project to which the works relate.

Next, the identified violations are described: quality defects, non-compliance with the design documentation, violation of construction standards, or use of substandard materials. It is important to refer to inspection reports, defect lists, or other documents confirming the defects.

The claim formulates specific demands. In accordance with Article 723 of the Civil Code of the Russian Federation, the customer is entitled to demand that the contractor eliminate defects within a reasonable period, request a proportionate reduction of the price, reimbursement of expenses for eliminating defects independently or with the involvement of third parties, as well as refuse the contract in the event of material breaches.

The claim must specify the deadline for the contractor’s response. Usually it ranges from 10 to 30 days, unless otherwise stipulated by the contract.

The final part of the claim should contain a warning of the intention to apply to court if the contractor refuses to satisfy the demands voluntarily.

Documents are attached to the claim: inspection reports, photo and video materials, expert opinions, correspondence, and other evidence supporting the customer’s position.

What Evidence Should Be Attached to the Claim

A claim against a contractor must be supported by evidence confirming the improper quality of the performed works. The more comprehensive the set of documents, the higher the chances of resolving the dispute without court proceedings or successfully recovering claims in court.

The main evidence is an inspection report or a defect list. These documents record specific defects, their scope, and nature.

Additionally, photo and video materials reflecting the actual condition of the project and confirming the presence of defects are attached.

In the event of serious violations, it is recommended to conduct an independent technical or construction expert examination. An expert opinion has high evidentiary value in court and may confirm both the existence of defects and the cost of their elimination.

Design documentation, estimates, as-built drawings, and work logs are also significant. These documents make it possible to compare the performed works with contractual conditions and identify discrepancies.

If necessary, correspondence with the contractor may be attached: emails, minutes of meetings, or internal memoranda confirming that the customer timely pointed out the defects.

Procedure for Sending a Claim to a Contractor

In order for a claim to have legal force and be used later in court, it is important to send it correctly and record the fact of its receipt by the contractor.

The most reliable method is sending the claim by registered mail with acknowledgment of receipt and an inventory of enclosures. This confirms both the fact of dispatch and the content of the document.

It is also permissible to deliver the claim by courier or personally against the signature of an authorized representative of the contractor. In this case, the customer’s copy must bear a receipt acknowledgment.

In some cases, electronic submission of the claim is possible if the parties have provided for such a procedure in the contract and use an electronic signature.

The claim must establish a deadline for the contractor’s response. Usually it is from 10 to 30 days, unless other deadlines are specified in the contract. It is important that the period be reasonable and allow the contractor to consider the demands and take action.

The customer should retain a copy of the claim, postal receipts, delivery notifications, or other confirmations of delivery.

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What to Do If the Contractor Does Not Respond to the Claim

If the contractor ignores the claim or refuses to satisfy the customer’s demands voluntarily, the next stage is judicial protection of rights.

The customer is entitled to file a claim for recovery of the cost of eliminating defects, demand a proportionate reduction of the price, or full refund upon termination of the contract. The basis for this is established in Article 723 of the Civil Code of the Russian Federation.

In addition, the customer may claim reimbursement of expenses incurred to eliminate defects independently or with the involvement of third parties. In practice, such disputes are often accompanied by claims for damages and penalties, if provided for by the contract.

As evidence, the court is provided with inspection reports, expert opinions, photo and video materials, design documentation, and correspondence with the contractor. The claim itself and confirmation of its submission are of particular importance, since for arbitration disputes the pre-trial procedure is mandatory.

Checklist for the Customer

For a claim against a contractor for defective construction works to be effective and usable in court, the customer must act step by step:

1. Identify defects by inspecting the project and recording deficiencies.
2. Prepare an inspection report or defect list to document the identified violations.
3. Prepare a claim describing the defects, referring to the provisions of the Civil Code of the Russian Federation and the contract, and formulating demands.
4. Attach evidence, including photo and video materials, expert opinions, correspondence, and design documentation.
5. Send the claim to the contractor by registered mail, courier, or electronically, retaining proof of delivery.
6. Set a response deadline, usually from 10 to 30 days.
7. Record the contractor’s response, whether consent, refusal, or no response.
8. Prepare a statement of claim and, in the event of refusal or inaction by the contractor, apply to court for recovery of losses and other compensation.

This approach makes it possible to properly structure pre-trial work and significantly increases the chances of successful recovery of losses.

Table of Claims in a Claim Against a Contractor

Legal Support in Disputes with a Contractor

Experience in handling disputes under construction contracts enables our specialists to protect the customer’s interests both at the pre-trial stage and in court proceedings.

KDpartners lawyers provide comprehensive support at all stages:

• analysis of the construction contract and identification of violations;
• preparation of claims taking into account the provisions of the Civil Code of the Russian Federation and judicial practice;
• organization of construction and technical expert examinations;
• formation of an evidentiary base, including reports, photographs, correspondence, and estimates;
• negotiations with the contractor on voluntary settlement of the dispute;
• representation in courts of all instances;
• control over enforcement of court decisions and actual recovery of losses.

For support-related inquiries, you may contact us via the form on the website or using the specified contact details.