Failure to agree on the contractor's obligation to perform the work personally.
Posted: Wed Jan 22, 2025 5:02 am
If the parties to the contract have not agreed on the obligation of the counterparty to personally perform the activity, the latter has the right to involve third parties in this. In such a development of events, according to paragraph 1 of Article 711 and paragraph 1 of Article 706 of the Civil Code of the Russian Federation, the customer does not have the right to refuse payment for the work performed by the subcontractor.
In the event that the contract stipulates that the necessary activity is carried out at the expense of the contractor’s efforts and resources, but their implementation by the contractor personally was not specified, then the condition regarding this is considered to be uncoordinated.
This means that the customer will overseas chinese in europe data not be able to avoid paying for the results of the work on the basis that they were carried out with the involvement of subcontractors, and not by him personally.
The customer's risk in case of failure to agree on the deadline for notifying the contractor of identified deficiencies in the work.
If the document does not specify the period during which the customer must be notified of any deficiencies discovered as a result of the activity, then his duty will be to immediately notify the contractor of the identified problems, and in the case of hidden deficiencies - within a reasonable period, as provided for in paragraph 4 of Article 720 of the Civil Code of the Russian Federation. After this time period, the client has no right to make claims regarding the work performed and must pay for them.
Failure to agree in the contract on the condition of distribution of risks of accidental loss and unexpected damage to property used to perform the work and the result.
In the absence of a wording in the text of the agreed document on the specifics of the distribution of risks associated with accidental damage to raw materials, materials, tools or other property provided by the customer, they fall within the competence of the customer. This condition is set out in the second paragraph of paragraph 1 of Article 705 of the Civil Code of the Russian Federation.
If, according to the text of the contract, the specified risks do not fall within the customer's area of responsibility, then the contractor, i.e. the contractor, is accountable for them. Therefore, he has no right to demand full payment from the client for the work performed in the event of complete or partial damage to the result of the wor
In the event that the contract stipulates that the necessary activity is carried out at the expense of the contractor’s efforts and resources, but their implementation by the contractor personally was not specified, then the condition regarding this is considered to be uncoordinated.
This means that the customer will overseas chinese in europe data not be able to avoid paying for the results of the work on the basis that they were carried out with the involvement of subcontractors, and not by him personally.
The customer's risk in case of failure to agree on the deadline for notifying the contractor of identified deficiencies in the work.
If the document does not specify the period during which the customer must be notified of any deficiencies discovered as a result of the activity, then his duty will be to immediately notify the contractor of the identified problems, and in the case of hidden deficiencies - within a reasonable period, as provided for in paragraph 4 of Article 720 of the Civil Code of the Russian Federation. After this time period, the client has no right to make claims regarding the work performed and must pay for them.
Failure to agree in the contract on the condition of distribution of risks of accidental loss and unexpected damage to property used to perform the work and the result.
In the absence of a wording in the text of the agreed document on the specifics of the distribution of risks associated with accidental damage to raw materials, materials, tools or other property provided by the customer, they fall within the competence of the customer. This condition is set out in the second paragraph of paragraph 1 of Article 705 of the Civil Code of the Russian Federation.
If, according to the text of the contract, the specified risks do not fall within the customer's area of responsibility, then the contractor, i.e. the contractor, is accountable for them. Therefore, he has no right to demand full payment from the client for the work performed in the event of complete or partial damage to the result of the wor